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MrL
HARVARD LAW LIBRARY
Received
OCT 2 6 m*}
1
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THE
LUZERNE LEGAL REGISTER.
GEORGE B. KULP. Editor.
^ oK^ ( ^ '
VOL. XII.
(1883.)
WILKES-BARRE. PA.:
PRINTED BY E. B. YORDY, 4I WEST MARKET STREET.
1883.
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OCT 2 6 1932
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TABLE OF CASES.
Albertson, Hazen v 146
Alexander & Son v. Stuart ai6
Anthracite Building and Loan Association v.
Lyons S41
Aten's Estate jai
Baker, Moore v 196
Becker v. Hammes 236
B^ee, Culver v 50
Benscoter, Koons 387
Binkley, Herr v 39
Bfass, Sampsdl v 95
Brodhead, Lewisbuig National Bank v. ... 68
Brown, Ldiigh Coal and NavigatioB Co. v. . , 115
Bnnna v. Peteis 403
Bacfaer 9. Commonwealth 339
Barke rt a/., Harris «/ mx. v 393
Botcher €i «/. v. Femau €t al. 939
QaSrcf, Long v 199
CampbeQ, McDade v 135
Casner's Estate 339
Cease v. Myers 95a
Church's Appeal 984
Church, assigned, v. Qty of Scranton .... 400
City of Scra-nton, Church, assigned, v 400
Oaflin & Co. v. Stem iii
Clark 9. SoUivan 194
Commonwealth, Bucher 9 339
Commonwealth v, Gallagher 999
Commonwealth v. Gotofiski aoo
Commoawealth v. King 917
OMunoowealth v. Kohle 139
Commonwealth, Lavery v 51
Commoowealth v. Reynolds 163
CoouDOBwealth v. Seward 81
Commonwealth v. Shelly 87
Commoawealth v. Taylor 189
Commonwealth v. Trout .'.... 196
Commonwealdi €x rei. Buder v.Whitaker«/«/.4o5
Commonwealth *x rel. Stem v. Wilkes-Barre
Gas Co 385
Commonwealth tx rtl. Williams, Haddock
tt^l.v 351
Cveasy «/«/., Rittenhouae^/tf/. tr 14
CulTcr V. Behee jo
Devens «/«/., Myefs^/ a/. V 103
Devett V. Lehigh VaUey Coal Co 199
Directors of Danville and Mahoning Poor
Dist. V. Directors of Scranton Pbor Dist . . 315
I Directon of Scranton Poor District, Directon
I of Danville and Mahoning Poor District v. . 315
I Division of Jackson Township, In R* .... 147
I Drake's Estate 19
I Duffy, Executrix, v. O'NeiK 955
I Dunning v. HcUer 175
Eariey v. Pleasant Valley Borough 949
Edwards tt ux., Jeremy v 970
Edwards H ux. v. Jeremy 338
Eley's Appeal 393
Ele/s Estate 55
Empire Building and Loan Aasoctatioa v.
Morris 193
Enterprise Building and Loan Association v.
Griffith 13
Everhart v. Everhart 167
Everhart, Zi^er v 19s
Swing's Appeal 47
Pairmount, Huntington v 97s
Ferguson v. Ferguson 3x4
Femau «t tU., Butcher tt al, v 939
Fetterman v. Robbins 79
Fidelity and Casualty Co. v. Hesty 188
Fisher, Furbush v 367
Fistner, McCloskey v 383
Flick V. Weller 99
Folkner, Youngblood v 961
Frauenthal Bros., Herrod ft Co. v 154
Furhush V. Fisher 367
Gallagher, Conunonwealth v aaa
Gayk>rd, Shupp «/ a/. V 983
Gibbonsw. Wandell lOa
Giblin's Estate 75
Gordon v. Snyder 91
GotoGski, Commoawealth v 900
Green tt mx., Pardee ttai,v 964
Gresh V. Tamany 991
Griffith, Enterprise Building and Loan Asso-
ciation V 13
Grosky v. Wright 947
Guri's Estate 4x9
Hauidock ti mi. v. Commoawealth tx rtl.
Williams 351
Hallstcad'k Estate • • 394
Hammes, Becker v 936
Harris tt ux. v. Burke tt al. 393
Haaen v. Albertaoa . . . . « 146
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Table of Cases.
Heller, Dunning v 175
Heller v. Leach X77
Heller tr.WaUcr*/ a/. 138
Hendershottr^a/.yShultiv aaa
Hendler, Houpt v aja
Herrod ft Co. v. Frauenthal Bros 154
Herr v. Binkley • • 39
Hesty, Fidelity and Casualty Co. v x88
Hildreth v. Reilly 44
Hill ei al. v. Pennsylvania Mutual Fire In. Co. 333
Hill, Stdnhauer v xy>
Hodges V. Laurel Run Lodge 190
Hoover et ux, v. Van Loon ....... . . 399
Houpt V. Hendler a3s
Houpt V. Lewis 151
Hoyt'f Estate 73
Huntington v. Fairmount . 375
Jeremy, Edwards et ux. v 338
Jeremy v. Edwards et ux 370
Kedey v. WentaeU 178
Kingston Building Association v. McDonough 137
King, Commonwealth v 317
KUnetob v. Rood 351
Klinetob 9. Roth 335
Knickerbocker Ice Co., Mulligan f 1x4
Kohle, Commonwealth v 239
Koons V. Benscoter 387
Kreuger V. Rutledge r/ a/. 189
Lathrop v. White 374
Laurel Run Building Association v, Mitchell
€tal. x6i
Laurel Run Lodge, Hodges v 190
Lavery v. Commonwealth 51
Leach, Heller v 177
Lehigh Coal and Navigation Co. v. Brown . . 1x5
Lehigh Valley Coal Co.,Devert v xas
L^igh Valley Railroad Co., Sweeney tr. . . . 333
Lewisburg National Bank w. Brodhead .... 68
Lewis, Houpt v. .^ xsx
Long V. Caffrey X93
Luzerne County v. Miller xxs
Luzerne Coimty v. Whitaker 36X
Lyons, Anthracite Building and Loan Asso-
ciation V 341
Mangan v. McMonegal xo3
McCloskey r. Fistner 383
McDade v. Campbell xas
McDonough, Kingston Building Association V.X37
McFadden, In R* 37
McKinney & Simons v. Tingley 389
McLean v. Palmer 169
McMonegal, Mangan v xo3
Menig, Winters et ux. v 360
Miller, Luieme County v xxa
Miller v. Miller X03
Miller v. Paine 93
Mitchell et al , Laurel Run Buikitng Associa-
tion V x6x
Moore v. Baker X36
Morgan, Smythe v 39a
Morris, Empire Building and Loan Associa-
tion V X33
Mott's Estate ^* 71
Mulligan v. Knickerbocker Ice Co xx4
Mundy v. Soult 350
Murphy v. Times Printing Association . . . 365
Mutual Aid Society, O'Hara v 45
Myers, Cease v. 353
Myers et al. v. Devens et al. 105
Norris, Stewart f xxo
O'Hara v. Mutual Aid Society 45
O'Neill, Duffy, Executrix, v ^55
Paine, Miller v 93
Palmer, McLean v 169
Pardee et al. v. Green et ux 364
Payne ft Co., Reese v 179
Peimsylvania Mutual Fire Insurance Co., Hill
etal.v 333
Peters, Brown v 403
Pleasant Valley Borough, Earley v 349
Plymouth Building Association v. Rood ... 9
Prince's Estate 357
Private Road in Nescopeck, In Re ..... 358
Red Ash Coal Co., Swallow v xsx, 187
Reese v. Payne & Co 179
Reilly, Hildreth v 44
Reynolds, Commonwealth v. X63
Richart et ux. v. Wisner etal. ....... 337
Ricketts, Streater v 4x7
Rittenhouse et al. v. Creasy et al. , . , . . 14
Robbins, Fetterman v. . 79
Rood, Klinetob v . 351
Rood, Plymouth Building Association v. . . . 9
Ross' Estate 330
Roth, KUnetob v 335
Rutledge et al., Kreuger p 189
Sampsell v. Bloss 35
Schmaltz v. Whitley 381
Seward, Commonwealth v 81
Shelly, Commonwealth v 87
Sheridan v. Spare 43
Shultz V. Hendershott et al. 333
Shupp et al. v. Gaylord 383
Smythe v. Morgan 392
Snyder, Gordon v 9X
Soult, Mundy v 350
Spare, Sheridan v 43
Steinhauer v. Hill 150
Stem, Qaflin & Co. c xii
Stewart v. Norris xxo
Streater's Estate 77
Streater v. Ricketts 4x7
Stuart, Alexander & Son v ax6
Sullivan, Clark v 134
Swallow V. Rod Ash Coal Co. . . . ; . .X3x,x87
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Table of Cases.
Sweeney r. Lehigh Valley Railroad Co. . . . aa3 , Wenuell, Keeley p 178
Tamany, Gresh v 991
Whiuker et al.^ Comlth. ex rel. Butler v. . .405
-» _, '1 . . o Whitaker tt al, v. Thompson et al. 21
Taylor, Commonwealth r 18a , „.. . . , r*
-^ . . «,. .^. _. , Whitaker, Luzerne County v 361
Thompson //a/., Whitaker r^ ai.v, 21 --^. _ . ' ^
Tingle,. McKin..y&Si»o«r «89 ! ^"1 H'i'Z,:- T
Times Printing Association, Murphy v. . . . 365
Xrouc. Commonwealth v 196
Whitaker, Luzerne County v 361
White, Lathrop v 274
Whitley, Schmaltz v 281
Wilkes-Barre Gas Co., Commonwealth ex rel.
I Stem V 385
Van Loon, Hooyerrficr.tr 399 Winters rf t»jr. p. Menig 260
Vincent tr. Warner ^ | Wisner rfa/., Richart r/ «jr. r 227
Wolff's Esute 48
Waller «/«/., Heller tr 138 ' Wright, Grosky » 247
Wandell, Gihbons v tfe v ui j c 11.
»-, ... ^ , Youngblood v. Folkner 261
Warner, Vincent v 46
Welter, Flick v 29 Zeigler v. Everhart 195
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INDEX.
ABATEMENT.
z. A plea in abatement should not be allowed to be filed on the trial of the cause. If, hoiT'
ever, the plaintiff is not thereby injured, the court will not reverse for such cause. Mur^ky v.
Turn** Printing Atsociatian et «/., 365.
AFFIDAVIT OF DEFENSE.
X. An averment in an affidavit of defense that the defendant is informed and believes the
check sued on was sent for the purpose of collection, and that he expects to be able to prove the
same, is sufficiently certain. Lrmixburg Nationtti Bank v. Broadkead, 68.
a. An affidavit of defense must state clearly and fully the exact grounds and extent of the
defense. Herrod^ Ca. v. Frauentkal Bros., 154.
ALIMONY. SeeDivoRCS.
AMENDMENT. See Cbrtioraiu.
1. Our statutes of amendment are broad and liberal, but they are not boundless. A party
cannot introducers an amendment a new and different cause of action, when, by reason of the
statute of limitations, this would work an injury to the opposite party. IVkitaker et at. v.
Tkompstn gt al. , ai .
2. The return of service of a-summons may be amended, notwithstanding the sheriff who
made it has gone out of office. Mangan v. McMomtgal^ loa.
3. The court below may amend its record after a certiorari has issued to remove it to the
Supreme Court. Church* s Appeal^ 284.
ANNUITY. SecWiLi^
APPEAL. See Justicb op the Pbacb.
TATACHMENT AND ATl'ACHMENT EXECUTION. See Certiorari. Coots.
z. An affidavit in the words of the act is sufficient to warrant the issuing of the writof
attachment under the act of March z/, 1869. Miller v. Paine , 9a.
a. Where the defendant's affidavit denies the allegations of the ]rfaintiff, the plaintiff is
required, on hearii^ of the motion to dissolve, to produce depositions to sustain the all^ations
denied. Id.
3. The attachment will not be dissolved, on the defendant's motion, upon the ground that
goods under attachment do not belong to him. Id.
4. If the purpose of a change of residence is an honest one, the intent to defraud is not to be
legally presumed fipom the mere (act that the debtor is about to remove his goods from the Juris -
diction. Id.
5. The measure and kind of proof of the intent which the statute requires are such only as
the fact in issue is susceptible of. /«/.
6. The intent may be inferred from drcumstances. Id.
7. It is the intent of the removal of goods, and not its effect, which most determine whether
itislawhil. Id.
8. Where a garnishee in his answer denies any indebtedness to the defendant as an indi -
vidual or principal, but admits that he has had dealings with him as agent, the answer will
prevent judgment against the garnishee. Heu^t; Garnishee ^ v. Lewis, i5i«
9. Where the answer denies indebtedness to the defendant as principal, a claim by the
defendant to have the fiiod set apart to him under the exemption law will not conclude the
garnishee, not alone warrant the entering of judgment against him. Id.
zo. It is competent for the plaintiff, notwithsunding the answers of the garnishee, to require
the issue to be tried before the justice ; and if the record shows a trial, the court cannot, 00
certiorari f review the correctness of the justice's conclusions from the evidence. Id.
II. It is possible, also, that upon the day of the hearing the plaintiff might cause additional
interrogatories to be served upon the garnishee, and require him to answer them. Id.
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Index.
ATTACHMENT AND ATTACHMENT EXECUTION (Continued).
12. The verbal statements of the garnishee, made in the presence of the justice, after his
answers have been delivered, and when not under oath, and which are not irreconcilable with
his former answers, will not authoriie the justice to disregard his former answers, and to enter
judgment against him. Id.
13. Practice before justices of the peace in cases of attachment execution, considered. Id,
14. The giving bond under section 3 of the act of March 17, 1869 (attachment), dissolves the
attachment in so &r as it binds the goods. A subsequent motion to dissolve, under section 6,
-ought not to be entertained, and, if entertained and allowed, it cannot have the effect of satisfying
the condition of the bond. Butcfur et al. v. Femau et al.^ 239.
15. Suit was brought on a bond given by defendant under section 3 of the act of March 17,
1869 (attachment), dated March to, 1881. It was endorsed, "Approved, Thos. Munroe, Prot.,"
without dat*, and was filed June xo, x88i : Held^ first, filing was not required to give the bond
validity ; second, there is 9^ prima foci* presumpticm of approval and delivery of the b<md on the
day it bears date, which is not rebutted by the &ct that it was filed on a much later date. Id,
16. On a judgment in &vor of the defendant in an attachment execution issued by a justice,
the defendant is entitled to execution for cosu. McKiMiuy if Simons v. TingUy^ 389.
AUDITOR.
X. The duties and powers of an auditor appointed to investigate the &ct8, and make report
thereon, are co-exteiuive with those of an examiner and master combined. Motf* Estate, jx.
9. The duties of an auditor in the taking of testimony are as much separated from his duty
to report thereon as those of an examiner are from his duties as master in equity. So far as the
taking of testimony is concerned, his duties are more like those of a ** Commissioner to take
depositions," but are not nearly so limited, being specially appointed to investigate all the facts
of the case, to develop the true points, and bring before the court only the real matters at issue.
In his report, which follows the taking of the testimony, he is to decide upon the admissibility,
relevancy, and weight of the testimony, and the competency of the witnesses. Id.
3. If there be sufficient competent evidence to support his report, it will not be set aside
because incompetent testimony has been admitted by him, unless it is shown that he was led into
some specific error by that which is incompetent. Id.
4. The parties have no right to appeal to the court on the rulings of the auditor or examiner
during the taking of the testimony, as this would be to pass upon the case piece meal. Id.
BAIL. See Jitsticb op the Pbacb.
BANKRUPTCY.
X. Notwithstanding a defendant's discharge in bankruptcy, the f^ntiff has a right to issue
execution in enforcement of the lien of a judgment on real estate. AUxander b* San v.
Stuart, 2x6.
BILLS, NOTES, AND CHECKS. See Evidbmcb.
z. Any defense which would be good against the payee of a check is good against his agent
to whom it had been indorsed merely for the purpose of collection. Tk« Lewisburg National
Bank v. Broadlutul, 68.
2. Writing his name acrcjss the back of a promissory note by tne payee is an indorsement,
notwithstanding the signature is preceded by a deuiled statement of the payee's financial condi-
tion, and of the consideration of the note. Dunning v. HelUr^ 175.
BIOGRAPHIES OF—
Chase, Edward Henry, 134.
Dariing, Edward Payson, i.
Darte, Alfred, 157.
Foster, Charies Dorrance, 407.
Hahn, Gustav, 336.
Hakes, Harry, 267
Kulp, George Brubaker, 292.
Lewis, Thomas Hart Benton, 334.
Miller, Jerome Green, X29.
Nicholson, Oscar Fitzland, 132.
Osborne, Edwin Sylvanus, 345.
Plumb, Henry Blackman, X59.
Digitized by VjjOOQIC
Index.
BIOGRAPHIES OF (Conlinued).
Rhone, Daniel La Porte, 369.
Richards, John, 97.
Ricketu, Agib, 59.
Shoemaker, Robert Charles, 155.
Wadhams, Calvin, 63, 204.
Woodward, Stanley, 31.
BOND. See Attachmbkt and Attachmbkt Execution.
BOOK NOTICES, 1x9, 215, 356.
BOROUGHS. See Roads.
X. If the corporate officers have levied a tax up to the legal limit, the residue only, after
appropriation of the necessary amount for the necessary expenses of a borough, is applicable to
payment of other indebtedness. EmrUy v. PUasani VcUlty Borough^ 949.
BUILDING ASSOCIATION.
I. A defendant in a building association judgment cannot off-set against the judgment the
stock of another assigned to him after the maturity of the loan. Plymouth Building Association
T. Rood, 9.
9. When a borrowing stockholder elects to apply his stock in payment of his loan, the
proper course is to deduct from the ascertained value of the stock all arrearages chargeable
th«eon, and to credit the balance on the judgment. Building Association v. Mangan (3 Kulp,
sto) followed. Jd.
3. This computation is to be made as oi the date when the stock matured. Id.
4. Where, by the charter of a building association, the right to collect otherwise usurious
interest, premiums, and fines was qualified by a proviso^ ** that such stockholder shall have
signed an agreement containing the following words," etc., the association can only recover the
actual amount loaned, with simple interest, if the borrowing stockholder has not signed the
asreement referred to. Antkracitt Building and Loan Association v. Lyons ^ 241.
CAMP MEETING. See Criminal Law.
X. The act of May 8, X878, which, sulject to certain exceptions, makes it a misdemeanor for
any person " to erect, place, or have any booth, staH, tent, shed, carriage, boat or vessel, or any
other place or vehicle whatever, for the purpose or use of selling, giving, or otherwise disposing
€€ all or any kinds of articles of traffic or merchandise (except as hereinafter excepted), within
one mile of any camp meeting held for religious worship in this Commonwealth," is not uncon-
stitutional. CommonmstUtk v. Seward ^ Ex.
3. Police power of the State defined. Id.
3. The above act in its purpose, and in its provisions to carry out that purpose, may be
Curly considered as within the police power of the State. Id.
4. The purpose of the act being lawful and constitutional, a large discretion as to the means
necessary to accomplish it must be left to the Legislature, and the courts cannot interfere with
the exercise of that discretion, except in a very clear case, without usurping legislative func-
tions. Id.
CERTIORARI. See Attanhmbnt and Attacrmbnt Exbcution. Summary Conviction.
X. Kfi./a. and attachment cannot issue on the same day. A return of nulla bona must
precede attachment. SamfstU v. Bloss^ 35.
a. Where the proceedings of a justice of the peace have been brought up on certiorari, the
court has no authority to permit the constable to amend his return to the summons. Hildretk
T. ReUfy, 44-
3. Where judgment is entered by a magistrate in iavor of the plaintiff by defiiult, the
defendant not appearing, ic is necessary that the record show the hour as well as the day of
entering judgment. Culoer v. Behee, 50.
4. The court will reverse proceedings where the demand of the plaintiff was in existence,
and might have been set-off in a previous action by the defendant against him. Stewart v.
Norris, xio.
5. Where the transcript is in other respects r^ular, and there has been a trial on the
merits, and the judgment is less than one hundred dollars, and the process shows that the dam-
ages claimed were less than one hundred dollars, the court will not reverse because the amount
of the claim is not set out on the transcript. Mulligan v. Knickerbocker Ice Co., 114.
Digitized by VjjOOQIC
10 Index.
CERTIORARI (Continued).
6. Where the justice had jurisdiction of the subject-matter of the action, and the return
shows that the service of summons, though irregular, and not in strict conformity to the statute,
was personal, and more than six years have elapsed from the date of the entry of judgment, and
the parties are living, it is incumbent on the plaintiff in error to show affirmatively want of
knowledge of the judgment and action. Moore v. Baker ^ 126.
7. The act of May 8, 1876 (P. L 139), relating to attachment of wages for board, does not
authorize the issuing of an attachment until after a judgment has been obtained. Carden v.
Scott (x Kulp, 196) followed. Steimhauer v. /////, 150.
8. As to form of judgment against garnishee. Masters v. Turner (a Luz. Leg. Reg. 185)
foUowed. Id.
9. Proceedings before a justice will be reversed where the record shows a total change, not
only in the form, but also in the cause of action. Gibbons v. Wandeii, 16a.
xo. In a suit for a penalty under a special act of Assembly, the record should set forth the
act, the violation of the act, and a demand and refusal. Id.
XX. The record of the justice is defective in not stating the hour at which the judgment was
rendered, the judgment being by defiuilt. Keeley v. Wentrntl^ 178.
xa. In an action before a justice, the plaintiff's demand was for ** five dollars and twenty-five
cents damages, by reason of defendant's not repairing plaintiff's gun as by him agreed to do,
and receiving pay for it : " Held, that the justice had jurisdiction. Klinttob v. Roth, 325.
13. Upon recovery in a second suit plaintiff is entitled to recover the costs of a former
certiorari, as well as the sum of four dollars paid to his attorney. Lathro/ v. IVhite, 374.
14. The record of an action before a justice which omits to show the nature ot the plaintiff's
demand is defective, and the judgment will be reversed on certiorari duly issued. Duffy,
Executrix, v. ONeill, 255.
15. If it appears from an inspection of the record that the justice did not have jurisdiction,
his judgment will not be validated by mere lapse of time. Id.
x6. But where a defendant was summoned and appeared to the action, and not only acqui-
esced and participated in the proceedings, and permitted the judgment to be entered in the
Common Pleas, and subsequently revived without objection, but also took benefits under the
same, it was held that after a long lapse of time (several years) he was estopped from demanding
the reversal of the same on certiorari, although the record did not show the nature of the
plaintiff's demand. Id.
17. Though the record does not show that an action before a justice was within the act of
1810, and therefore possibly not within the twenty-day limiution, the right to certiorari is,
nevertheless, after the lapse of seven years, barred by the act of April t3th, 1791 (errors and
appeals), 3 Sm. Laws, 34. Id.
18. If the language used, though technically and verbally inaccurate, does, by every jeason-
able intendment, show a cause of action for which suit may be brought before a jusu'ce of the
peace, the junsdiction should be sustained. Youngbloody. Folkner, a6i.
19. Where there is no remedy by appeal, the court will, in an extreme case, consider parol
testimony on certiorari to show that the justice had not jurisdiction. Id.
30. The plaintiff sued in trespass before a justice of the peace, but it appeared that the cause
of action was the alleged negligence of the defendant in not preventing surface water from flowing
from his own land upon that of the plaintiff: Held, that the plaintiff's remedy was in case, and
that the justice did not have jurisdiction. Id.
31. In an action of trespass against husband and wife, the docket entry was as follows:
" Plaintiff claims forty dollars damages for wilful trespass for injury done or committed by
defendants on plaintiff's real estate : " Held, first, a statement of the cause of action in the
language of the act of Assembly is sufficient to show the justice's juiisdiaion ; second, where the
trespass was committed by the wife, the joinder of the husband as defendant is proper, and even
if the trespass was joint, the joinder of the husband and wife is not &tal after verdict, or judgment
by the justice. Winters et ux. v. Menig, 360.
33. The error of a justice in the admission of evidence, or in the measure of damages, cannot
be corrected on certiorari. Grosky v. ]Vright, 347.
33. It is the nature of the plaintiff's demand, and not merely the form of action in which the
summons is issued, which gives the justice jurisdiction. Id.
34. The damages for which a plaintiff may sue before a justice in an action of trespass are
such as arise where the injury is immediate, and would be recoverable in the common law action
Digitized by VjjOOQIC
Index. i i
CERTIORARI (Continued).
of trespass m ei armu, and not such as are consequential, and would be recoverable only in an
action of trespass on the case. Id.
35. Where a plaintiff has an election of actions, and chooses to proceed for consequential
damages, hb remedy is in the Common Pleas, and not before a justice, /d.
36. Plaintiff sued in trespass. Part of his demand was ** for loss of buggy while awaiting
repairs, and trouble : " f/fld, that the justice did not have jurisdiction. Id.
27. A writ of certiorari will not be quashed where it appears to have been issued within
twenty days after execution. In such case we cannot say that the writ was improviden tly issued.
Edwards tt ux. v. Jeremy, 338.
28. In an action of trespass for injury to the separate personal property o^9./eme covert, %\ie
^Muld be joined as plaintiff with her husband. McClosky v. Fistner, 383.
29. If the £ftct that the defendant in such action before a justice was a married woman does
DOC appear of record, and the non-joinder of her husband is not pleaded in abatement, the court
will not, for that reason alone, reverse on certiorari. Id.
30. Where a warrant of arrest issues against a defendant " to answer the Commonwealth "
upon a charge of having emptied a vessel containing filth upon the complainant's wife, doing
considerable damage to her clothes, etc., the proceedings thus begun cannot, upon the hearing,
be converted into an action for damages. Id.
31. A summons issued on the 23d, returnable on the 27th of the month, and was returned
served on the 23d by leaving a copy at the dwelling house of the defendant in presence of another :
Held, that upon this state of the record the issuing of a short summons was irregular. Smythe
V. Mcrgmn, 392.
3a. In a suit before a justice of the peace against a husband and wife upon a contract for
necessaries, it must appear affirmatively that the claim and the proof show that the debt was
contracted for articles necessary for the support of the fiunily of the said husband and wife.
Hoover et ux. v. Van Loon, 399.
33. A daim simply for " &mily necessaries " does not give jurisdiction against the wife, for
the articles may have been for some other family. Id.
34. Such a record may be certioraried after twenty days for want of jurisdiction. Id.
35. The court will not presume that a justice acted fraudulently from the mere fact that he
admitted incompetent testimony, or did not decide according to the weight of the testimony.
Harris et ux. v. Burke et al., 393.
36. Whether goods sold to a married woman were necessaries, or were contracted for by her,
are questions to be decided by the justice before whom suit is brought, and the court will not
review the testimony on certiorari on a vague and unsustained allegation of fraud. Id.
37. An insularity in an a<youmment of a suit may be cured by appearance. Id.
COMMON PLEAS. See Orphans' Court.
COMMON SCHOOLS.
X. Land was conveyed to certain persons as trustees " for all German and English societies,
Methodist only excepted, for the only proper use and benefit for said societies for school and
worship for every religion and denomination, Methodists only excepted." The school directors
of the township having appropriated a part of the lot for a school house site, the trustees filed a
bin and asked for an injunction to restrain them from occupying it : Held, —
(1.) The necessity for the erection of the new school house, and eligibility of the site selected,
rest in the discretion of the directors.
(2.) An implication that they deemed the site eligible, and the selection thereof expedient,
as against all others, would arise from their action on the subject. They need not recoid their
motives when they have jurisdiction to act.
(3.) An averment that the district was already the owner of a lot in the vicinity ample for
the purpose required would not sustain a bill by the trustees. Whether it would sustain a tax-
payers' bill, not decided. In either case, if the fiict were in doubt, the court would refuse a
IwrlimiBary injunction.
(4.) The discretion having been vested in the directors, the question for the court is, whether
they have proceeded contrary to law, or transcended their powers.
(5.} This is a use for which land may be taken compulsory under the right of eminent domain.
(6.) Land held in trust as this was is private property, and may be taken in the exercise of
this ri^kt.
Digitized by VjjOOQIC
€2 Index.
COMMON SCHOOLS (Continued).
(7.) It is not made a condition to the exercise <^ this right by the directors that they have
been unable to obtain any other site by agreement with the owners of the land. RittenJumte
et al. V. Crtaty et al., 14.
CONSTITUTIONAL LAW. S«^ Camp Mbetikg. Justicb op thb Pbacb.
I. The act of Assembly of the 8th of June, z88i, entitled "An act to proride foe the registra-
tion of ail practitioners of medicine and surgery/' is a constitutional and valid statute, and not
within the prohibition as to laws tx^ott facto. CommottwetUth v. Taylor ^ x8a.
3. A vested right or property in a business calling or profe>»ion can only exist when the
pursuit or practice of it is in conformit)- with the law of the land. Id.
3. The distinction between laws which are retrospective merely and those ex pott/acto. Id.
CONTRACT. See Shbrifp and Shbripp's Saxji.
CORPORATION. Sec Pleading and Practicb.
X. As a general rule, nothing earned by a corporation can be regarded as profits until it shall
have been declared to be so by the corporation itself, acting by its board of managers, llie fitct
that a dollar has been earned gives no stockholder the right to claim it until the corporation
decides to distribute it as profit. Morris' Appeal (3 Nor. 269) followed. Ro$^ Estate^ 330.
COSTS. See Criminal Law.
X. A successful party may include in his bill of costs, incurred in taking depositions, the
mileage fees of a non-resident witness to and from the State line. Ctaflin ^ Co. v. Stem, 11 1.
a. A resident of the Commonwealth in confinement for costs alone, under sentence of a
criminal court, is entitled to be set at liberty forthwith upon making application for the benefit
of the insolvent law, and presenting a bond in accordance therewith. Commonwealth v.
Trout, 196.
3. When an attachment would lie against a party fin* non-performance of a decree in equity,
it is also the proper remedy to enforce the payment of the costs. In such a case it is not in con-
travention of the act of July X3, 1843. Church's Appeal, 384.
COUNTY AUDITORS.
X. On an appeal from the report of the board of county auditors, provided for Luieme
county by the act of July x6th, 1843 (P. L. 391), no new matters of account can be introduced
which were not presented before the board. It is error for the Common Pleas to allow such
matters to be introduced by amendment. LuMcrne County v. Whitakcr, Sheriff, 361.
3. Semble, that where it is desired to have such matters considered, the proper course is to
move to have the report referred back to the board of auditors. Id.
COVENANT. See Insurance.
CRIMINAL LAW. See Camp Mbbting. CoNsrmmoNAL Law. Costs. Warbhousbmbm.
1. It is a general rule that where the enacting clause of a statute describes the offense, with
certain exceptions, it is necessary to state all the circumsunces which constitute the offense, and
to n^ative the exceptions ; but where the exceptions are contained in separate clauses or provi-
sions of the statute, they may be omitted in the indictment, and may be shown by the defendant
as matters of defense. Commonwealth-^. Shelly, Zt,
3. Where by the terms, " except as hereinafter excepted," the exception is introduced into
the enacting clause as a part of the definition of the offense, and not as a proviso, it should be
nqpuived. Id.
3. The enacting clause of the act of May 8th, 1878 (P. L. 46), relating to the regulation of
traffic near camp meeting, conuins the words, " except as hereinafter excepted." The third
section sutes the exceptions : Held, that in an indictment the exceptions should be negatived. Id.
4. If a prosecution is not witndrawn, it is the duty of the magistrate to send up the recog-
nizance on or before the next meeting of the grand jury. Commonwealth v. Kohle, X39.
5. If such recognizance is not sent up for several terms after it is entered into, and no
explanation is made for the delay, the prosecution on that information is at an end, and an
indictment not based on a fresh information and hearing will be quashed, unless it appears that
the course of procedure taken was required by some pressing necessity. Id.
6. Authority to institute a prosecution by indictment without preliminary information and
hearing, considered. Id.
Digitized by VjjOOQIC
Index. 13
CRIMINAL LAW (Continued).
7. Im an extreme case of a crime affecting the public justice, and where there would other-
wise be a &Uare of justice, and the escape of a public offender, an indictment may be> found
without a previous binding over, although in general an indictment must be preceded by inlbr-
mation and hearing. Commamwealtk v. RtynoUU^ 163.
8. Murder under the Pennsylvania sutute, and the degrees thereof, considered and illus-
trated. C^mmoHwemlth v. Goto/ski ^ aoo.
9. In a case of assault and battery, where the defendant died after the grand jury had
returned a tr«e bill against him, and bdbre the trial was had, the county cannot be compelled to
pay the costs of prosecution. CommtonweaUk v. Gmiiagktr, saa.
CROPS. See Exxcuroits and Adm ikistrators.
DAMAGES. See Srbkiff aiid Subripf's Salb.
DECEDENTS' ESTATES. See Incomb. Taxbs. Will.
I. The real estate of an intestate descends to his heirs at the instamt of his death, and
remains there until sold by order of the court ; and whether the esute be solvent or insolvent,
the heirs have the same right to draw the rents that he would have had if living. Gtlbin't
DEED. See Hosbamd aicd Wifb.
I. The certificate of a justice to the acknowledgment of a deed by a married woman of her
sepamte estate is a judicial act, and as to a bona fide vendee or mortgagee for value, without
notioe of fraud or imposition in the procurement of the execution of the instrument, is conclusive
of every material fact expressed therein. Richart *t ux. v. Witner *t al., 22 j.
a. But as against a vendee or mortgagee with notice, it may be shown by parol, not only
that the certificate itself is fidse, but also that, although all the forms of the statute were
observed, the execution and acknowledgment were procured by firaud and imposition, or were
made under compulsion. Id.
DIVIDEND. See Corporation. Incomb.
DIVORCE.
I. The wife petitioned for divorce on the ground of desertion ; the husband's answer simply
denied the allegations of the petition : Nt/d, that she was entitled to a reasonable allowance for
counsd fees, etc. MitUr v. Miller, X03.
a. A woman who is living in a state of adultery has no claim upon her husband for support,
and where this is shown deariy the court will refuse an application for alimony >/«<^^ii/r lite. Id.
3. Neither the husband nor the wife is a competent witness against the other in divorce
proceedings, except '' where personal service of the subpoena is made on the opposite party, or
said party appears and defends." Fergueon v. Fergn*en, 314.
EJECTMENT. See Evidbncb. Orphans' Court. Vbni>or and Vbndbb.
X. A disclaimer under the act of March 37, 1867 (P. L. 47), relating to actions of ejectment,
may be filed on the trial of the case. If the opposite party is surprised, the court will prevent
iigustice by continuing the case. Myers et al. v. Devent et eU,, X05.
ELECTION DISTRICTS.
t. Under the act of May x8th, 1876 (P. L. 178), relating to the erection of election districts,
the court may, upon petition, and in the exercise of their discretion, grant a review, although no
exceptions have been filed to the report of viewers. In Re Divuion t/ydckson Townxhip inte
EUetion Distridtt 147.
a. Soch review is not demandable of right, nor can the court award it of their own motion. Id.
3. The allowance of a petition for review will prevent the confirmation absolute of the
original report until the report of reviewers is made, when, upon consideration of both reports
and the evidence, the court may adopt either. Id.
4. If, however, no exceptions be filed to the original report, enough should appear on the
face of the petition for review, or it should be accompanied by such prooft as will be sufficient to
inform the court that a review is necessary. Id.
EMINENT DOMAIN. See Common Schools. Mandamus.
Digitized by VjjOOQIC
14 Index.
EQUITY. See Dbbd. Husband and Wifb.
X. The recommitment of a master's report to the master for a specific purpose does not open
the whole case, or permit the introduction by the defendant of an entirely new defense, such as
the statute of limitations. Exftrkart v. Evtrhart, 167.
a. Where the answer is responsive to the bill, the latter must be sustained by die testimony
of two witnesses, or <^ one witness and strongly corroborative circumstances. Hodgn v. Laurel
Run Lodge, No. 344, Knights qf Pythias, 190.
3. A defendant in an equity proceeding may plead another suit pending, either in the same
court, or in another court having concurrent jurisdiction. Streater v. Ricketts, 417.
4. To render such a plea valid, the second suit must be for the whole, and not a portion
merely, of the same matter embraced in the bill, and each suit must have the same object in
view. Id.
ERROR AND APPEAL. See Plbading and Practicb.
ESTOPPEL. See Inquisition.
X. To raise an estoppel it must be shown by the evidence that the parties daiming it had,
by reason of the acts of the other, been led to do something which they would not otherwise
have done. Hallstead's Estate, 394.
EVIDENCE. See Attachment AND Attachmbnt Execution. Countt Avditobs. Ditokck.
Equitt. Habeas Corpus. Lunacy. Poor. Taxes.
I. The presumption of death from an absence of seven years, held not to apply to a case
where the person's absence is accounted for by the dct of his having fled to escape the conse-
quences of appropriating trust moneys, and hence had a strong motive for silence and conceal-
ment of his whereabouts. Wolff* s Estate, 48.
3. If the disclaimant pays the costs, and follows his disclaimer by an assignment or release,
he is made a competent witness by the act of 1867. Myers et al. v. Devens et al.^ X05.
3. It seems that after the disclaimant had complied with the provisions of the act of 1867, he
would be a competent witness without the execution of the subsequent assignment. Jd.
4. Competency of parties as witnesses, as affected by the statutes, discussed. Id.
5. To estop privies by a reciul in a deed, such recital must be distinct, not general. McLean
V. Palmer, 169.
6. The act of April 15, 1869, does not require that the evidence uf a party in interest, though
the only evidence on his side, should be corroborated to make it effective. Anthracite Building-
and Loan Association v. Lyons, 341.
7. The admissions of a married woman made afber the debt was incurred are not, alone,
sufficient proof of the essentials required to authorize a judgment to bind her separate estate.
yeremy v. Edwards et ux., 370.
8. An admission by defend.int that a bill upon which suit is brought is ** all right," is
evidence of his liability. Lathrop v. White, 374.
9. Issue awarded where there is a conflict of testimony which the court is unable to decide.
ShuUz V. Hendershot et al., 333.
10. Where the execution of a note is denied, the note itself does not go in the balance against
the defendant, as it woula in case of a mere all^ation of fraud. Id.
XI. The presumption that preliminary steps taken by a public officer in doing an act have
been refcular must be limited to his acts as an officer ; it does not apply to hb precedent acta
done a» an agent, and it is incumbent upon the party asserting them to prove they were done.
Murphy v. Times Printing AssocitUion et eU., 365.
EXECUTORS AND ADMINISTRATORS. See Trustees.
X. The court will permit an account to be corrected on proof that the inventory and account
were prepared under a mistake. Hallstead's Estate, 394.
3. The heirs may authorize the administrator to collect the rents and apply them on the
debts of the decedent, yet such payment will not enure to the benefit of any creditor not paid,
unless it be deariy proven that the payment was to be a pure gift to all the creditors, or that
those who are not so paid had suffered some loss by the arrangement. Giitin's Estate, 75.
3. No administrator is liable for any assets, except those within the Commonwealth at the
time of the decedent's death, unless he has actually received them from some other state or
country. Id.
Digitized by VjjOOQIC
Index: 15
EXECUTORS AND ADMINISTRATORS (Continued).
4. As a general rule, an administrator should sell immature crops on the ground, and not
invtdve the estate and himself in a transaction which may, and most likely will, lead to dissatis-
factioa and loss ; and if he continues the &rming, the burden is upon him to show that the estate
was benefited by his management. Catnet^s Estate, 33a.
FEME SOLE TRADER. See Hi^band and Wifb.
FIXTURES.
I. The question of fixture or not depends on the nature and character of the act by which
the structure is put in place, the policy of the law connected with its purpose, and the intentions
of those concerned in the act. McLean v. Palmer, 169.
9. The question of intention is one of &ct to be left to a jury, and the findings of a referee
has the effect of a verdict, unless clearly unwarranted by the testimony. Jd.
3. The true criterion of an irremovable fixture consists in the unitad application of three
tests, viz. : ist. Real or constructive annexation of the article in question to the realty. 3d,
Appropriation or adaptation to the use or purpose of that part of the realty with which it is con-
nected. 3d. The intention of the party making the annexation to make the article a permanent
•cccssion to the freehold, this intention being inferred from the nature of the article aflSxed, the
relation am! situation of the party making the annexation, and the policy of the law in relation
thereto, the structure and mode of annexation, and the purpose or use for which the annexation
has been made. Of these three tests the clear tendency of modem authority seems to be to give
preeminence to the question of intention to make the article a permanent accession to the free*
hold, and the others seem to derive their chief value as evidence of such intention. Id.
4. Actual physical annexation is of itself of but litde importance in determining the question
of fixtures. Jd.
5. Lamps, chandeliers, candlesticks, candleabra, and the various contrivances for lighting
houses by oil or other fluids, have never been considered as fixtures, and as forming part of the
freehold. Id.
FORMER RECOVERY. See Shikipp and Sheriff's Salk.
FRAUD. See Attach mbnt and Attachmbnt ExsctrnoN. Dbbd. Husband and Wifb.
JinXSMBMT.
X. If a party who can read will not read a deed put before him for execution, or if being
naable to read will not demand to have it read or explained to him, he Is guilty of supine n^li-
gence,^ which is not the subject of protection, either at law or equity. Anthracite Building
and Loam Astodatien v. Lyons, 241.
GAS AND WATER COMPANY. See MANDAMtn.
GIFT.
I. A valid gift of a chose in action may be ma4e inter vivos without writing and by mere
delivery. Hallstead's Estate, 394.
GUARDIAN. SeeTBUSTKBS
I. In the absence of any proof that a guardian has made proper use of a fund on an account
of his administrator, his estate will be charged with interest from the date of its receipt until the
date of his death. Aten's Estate, 321.
s. In such case a guardian must be at least treated as a borrower of the fund from the date
of its receipt. Id.
HABEAS CORPUS.
X. Where a witness in a criminal case is committed to prison, it must appear from the com-
mitm«it that he had been under subpoena or other legal process, or that he had failed to appear
as required by subpoena or other legal process, or he will be discharged from custody on habeas
corpus. In Re McFatlden, 27.
a. The act of Assembly of 94th February, 1870, construed. Id.
AgH CONSTABLE. See Trespass.
HUSBAND AND WIFE. See Cbrtiorari. Dbbd. JtmcMBNT.
X. A feme sole trader has power to bind herself by agreement for the sale of her real estate,
without adcnowiedgment of said agreement, or the joining of her husband therein, and although
•he was living with her husband at the time of making the agreement. Swing's Appeal, 47.
Digitized by VjjOOQIC
i6 Index
HUSBAND AND WIFE (Continued).
a. Equity will specifically enforce such agreement against her. Id,
3. Where a married woman conveys her separate estate to creditors of her husband in pay-
meat of his debts under threats by the former that they %rauld proceed by actions at law to
recover it from her« her deed is not voidable on the ground of duress ptr mina*. Rickart *t ux,
V. IVitner ei «/., 827.
4. A married woman conveyed her separate estate to creditors of her husband in payment
of the latter's debts. She subsequently filed a bill to set aside the deed upon the ground " that
she was unduly influenced thereto by the repeated and urgent requests, entreaties, importunities,
and persuasion of her husband/' and that the grantees took with notice of the &ct : Htld^ that
the decision of the case must depend on the proof as to the d^ree of undue influence exerted by
"the husband, and that the demurrer must be overruled. Id.
5. Mere persuasion by a husband will not suffice to avoid the deed of a wife to a diird
person, if her will be not coerced. M. -^
6. Whether articles bought by a married woman are necessaries is a question of fiict.
yertmy v. Edward* *i tur., 270.
INCOME. SeeWA.L.
X. The income or dividend from bank stock was bequeathed to the testator's widow for lifie.
She died June 33, and a dividend was declared on the a9th day of the same month : Heldf that
her esute was not entitled to any portion of the same. Rots* Estate ^ 330.
INFANT. See Plbadimg and Practicb.
INJUNCTION. See Landlord and Tenant.
z. The general rule of law is, that when a defendant, pending an action for injunction, and
after notice thereof, proceeds to do the things complained of in the bill, he does so at his peril.
Streater's Estate, 77.
a. The writ becomes operative from the time of its order, and is effectual from that date on
all parties who have had actual notice (written or verbal) of the existence of the order. Id,
3. Great n^igence in serving the writ is no ground for disr^arding its existence. Id.
4. But it seems that where the writ has been ordered only on condition that complainant
give bond, the giving of the bond is a condition precedent to its validity. Id.
INQUISITION.
I. A sheriff's inquisition and extension of real estate will not be set aside because the jury
did not take into view all the incumbrances upon the land, in fixing the annual sum to be paid,
where the party complaining appeared before the inquest, and gave the usual notice of election
to retain, and has received payments under the extension until his judgment is nearly paid off.
He will be held estopped. HelUr v. Leack, 177.
INSURANCE. See Justicb op thb Pbacb. Plbading and Practicb.
X. A covenant in an insurance policy that it shall be void if the property becomes incum-
bered by a judgment is violated by the entry of a warrant of attorney azmexed to a bond in
which {he insured is an obligor, although the condition of the bond was never broken, and there
was no time at which execution could have issued on the judgment. The question is simply
whether the property was incumbered, without regard to whether it might be taken in execution.
Hillet al. v. Pennsylvania Mutual Fire Insurance Co., 323.
a. A man deeply indebted may take insurance on his life payable to his wife, and creditors
can acquire no right to the same. Hallstead's Estate, 394.
ISSUE. See Evidbncb. Judgm bnt.
JOINT CONTRACT. See Principal and StniBTY.
JUDGMENT. See Bankruptct. Lunacy. Lackawanna County.
I. On a motion to open a judgment, where, upon all the testimony, the court would not be
justified, in the exercise of a sound discretion, in sustaining a verdict for the defendant, the issue
ought to be refused. Plymouth Building Association, assigned, v. Rood, 9.
a. When a defendant sdl^es that his signature to an amicable i^^vival of a judgment was a
forgery, or was obtained by false and fraudulent representations as to the nature of the instru-
ment, and obtains a rule to strike off the judgment, the proper practice is to frame a special issue
to try the disputed questions of &ct, and in the meantime to allow the rule to stand over.
Enterprise Building and Loan Association v. Grijffitk, 13.
Digitized by VjjOOQIC
Index. 17
JUDGMENT (Continued).
3. A Mrg/acias had issued against, and been served on, a defendant to revive a judgment
containing a waiver of exemption. The defendant, not wishing to proceed further in his defense,
confessed a judgment, in which he waived the benefit of the exemption law. Ho swore that he
could not read English, and did not know that the paper contained such waiver. There was
not sufficient evidence of fraud or misrepresentation to submit to a jury. Upon these facts it
was held, on a motion to strike off the judgment, that his ignorance of the language was not a
sufficient cause for such action. Em^re Building and Loan Association v. Morris, 133.
4. If a person who cannot read does not ask to have a paper, presented for his signature,
read or explained to him, he is guilty of supine negligence, and unless fraud or misrepresentation
be clearly shown, the paper will not be set aside. Id,
5. If parties concoct a scheme to hinder, delay, and defraud creditors, and resort to a judg-
ment to effect their object, both having in view the same thing, there is no fraud between them
of which either can complain, or call on a court for relief against. Boclur v. Hammts, 336.
6. The question as to die burdoi of proof in opening a judgment, considered. Anthracite
Building and Loan Association v. Lyons, S41.
7. Judgment was entered on a transcript from a justice containing the following entry :
*' Parties appear. Claim. $59.07, with interest, for goods sold and delivered, being for articles
necessary for support of £unily of said defendants, and contracted for by said wife. Defendants
acknowledge justice of claim ; whereupon, it appearing that these goods were articles necessary
for support of fiunily of said defendants, and contracted for by the said wife, judgment is publicly
entered," etc To a scire facias on this judgment defendants pleaded nul tul record : Held,
that the judgment was not void. y«remy v. Edwards et ux., 370.
8. The finding of an inquest is prima facie evidence only of incapacity to confess a judg-
ment. Koons V. Benscoter, 387.
9. On a rule to open a judgment the defendant put in evidence the finding of an inquest in
lunacy, but the record showed the discharge of a former rule taken by the committee : Held,
that the matter was res eu(/u dic ett a . Id.
xo. Where a judgment is entered without authority of law, the court may strike it off.
Lsueme County v. Miller, ixs.
JUROR. See New Trial.
JURY. Sec Pavmsnt.
JURY TRIAL. See Justicb op thb Pbacb.
JUSTICE OF THE PEACE. See Attachmbnt and Attachmbnt Exbcution. Certiorari.
Crimccal Law. Landlord and Tenant. Pleading and Practice. Wages.
X. The act of May ist, x86t, which provides that upon the arrest of a defendant for certain
crimes therein defined, upon demand of the defendant, the justice shall call a jury of six and try
the offense, is constitutional. Lavery v. Commonwealth, 51.
s. It is misconduct on the part of a magistrate to omit to inform a party who has given bail
for an appeal, and paid the costs, that an affidavit is also required to perfect the appeal. Swallow
▼. Red Ash Coal Co., 187.
3. The act of April 4, 1873, in r^ard to foreign insurance companies, does not enlarge the
jurisdiction of justices of the peace so as to permit them to direct process to a constable of another
county. Fidelity and Casualty Co. v. Hesty, 188.
4. The acts of April 34, 1857, ^^^ o^ April 8, 1868, refer to actions commenced in courts of
record only. Id.
5. The authority of a justice of the peace to pass upon exceptions to bail for appeal, which
has once been accepted, and to strike off the same upon its being adjudged insufficient, is not
expressly given by any statute, but is well recognized in practice, and his action, if based on an
adjudication of its insufficiency, is conclusive and binding on the parties in any collateral pro-
ceeding. Cease v. Myers, 353.
6. Where the record does not show actual personal notice to the appellant of the striking off
of the bail, the court may, in its discretion, permit him to perfect his appeal by entering new
faaU. Id.
7. In an action before a justice, it is the amount in controversy, and not the amount of
judgment, which determines the right of appeal, and this may be shown by evidence aliunde
the recocd. Klineioby. Rood, 351.
Digitized by VjjOOQIC
1 8 Index.
JUSTICE OF THE PEACE (CoiiUnued).
8. Whether a justice can be compelled by a rule to show cause to allow an appeal, ques-
tioned. Id.
9. Where a party has not been misled in any way, his mere ignorance of the law is not
sufficient cause for allowing an appeal out of time. Mundy v. SouU, 350.
zo. A judgment in favor of defendant for fifty cents and costs by a justice of one county may
be certified by transcript for purposes ol execution to a justice of another county. McKmrney
S» Sim^ms v. Tinglty, 389.
LACKAWANNA COUNTY.
I. The original judgment, of which this was a revival, was entered in the Mayor's Court <rf
Scranton : Held^ that any defense to that judgment must be made in the Common Pleas ol
Laclcawanna. Enterprise Building and Loan Astociati^m v. GrtfiiA, 13.
a. An action against the city of Scranton (now in Lackawanna county) cannot be tried in
the courts of Luzerne county since the division of the county, though the same was pending and
at issue at the time of the division. Cknreh, assigned^ v. Ciiy 0/ Scranton^ 400.
LANDLORD AND TENANT. See PsmciPiU. and Svrbtt. Subriff and Shbxxff's Sals.
I. The act of December 14, 1863 (landlord and tenant), is a complete system for obtaining
possession by a landlord. Kmeger v. Rmtledge et a/., 189.
a. The pbdntiflr,a tenant, claimed that before the expiration of the term he had acquired the
rights of a vendee under an agreement acompanying the lease : Heid, that this was a defense
which he could make before the justice, and that the court had no jurisdiction in equity to
restrain the landlord from proceeding under the statute to try his right to repossess himself of
the leased premises. Id.
3. Where a party claims tide to goods under a sale upon a distraint for rent, he must prove
affirmatively that the necessary \egtX notice of the distress was given to the tenant, and that the
sale was duly advertised. Murphy v. Titnet Printing Association et al.^ 365.
4. A landlord, under a claim for rent, can hold possession of personal property previously
sold by the tenant, demanded by the purchaser, but not delivered, and remaining on the premises,
even though an actual formal distress had not been made. Furhusk v. Fisher, 367.
LEASE. See Minbs and Minbeals. Will.
LEGACY. See Will.
LIEN. See Subhogation.
LUNACY. See JuDGM BNT. Pook.
I. An inquisition finding a person a lunatic is prima facie evidence of incompetency to
make a contract at any time covered by the finding, and in the absence of evidence to overcome
the presumption, or to show that it would be unconscionable to do so, a judgment confessed by
him during the period will be opened. Gresh v. Tamany, 291.
MANDAMUS. See BoaoucH.
X. Duties of corporation springing out of contract relation cannot be enforced by mandamus.
C&m. ex rel. Stem v. IVilhes-Barre Gas Co., 385.
a. The duty of a gas company to supply all persons in a city with gas does not arise, like
the duty of common carriers, from the single fact that it is engaged in the business, however
necessary gas may be to the public. Such a duty can only arise from its charter. Id.
3. Whether a declaration in the charter that a corporation is created for the purpose of
supplying a certain community with gas is alone sufficient to impose such duty, qumre. Id.
4. A general grant <^ eminent domain, e.g., to enter upon the streets and on private lands to
lay pipes, etc., does impose a public duty, which an individual, who is willing to comply with
the reasonable rules of the company, may enforce by mandamus. Id.
5. An attachment cannot be issued where, upon return to a mandamus, it appears that all
the money in the borough treasury is required to pay the necessary and running expeiMes of the
borough. Eariey v. PleasasU Valley Boromgk, 349.
MASTER AND SERVANT. See Nbcugbncb.
MECHANIC'S LIEN. See Plbading and Pkacticb.
Digitized by VjjOOQIC
Index. 19
MINES AND MINERALS. See Will.
X. A lease of the exclusive right to mine and sell all the minerals in or under land, without
limitation as to quantity or time, is to be taken as a sale of the mineral in place, and consequently
a sale of a portion of the land. EUf* Estate ^ 55.
See Eley's Appeal, 335.
9. The defendants were owners of a coal mine operated through a shaft, and it was alleged,
and not denied, that they permitted men to work in the first and third seams (which were con-
nected with a second opening) at the same time that other employees, not exceeding twenty in
number, were at work in the fifth seam of coal " for the purpose of working a gangway to connect
with a second opening not yet completed to said seam :'* Held,
(x.) That this was not in violation of section 3 of the act of March 3, 1870 (P. L. 3).
(3.) That the phrase, " for the time being at work," is clearly used to qualify and limit the
seams or strata which are embraced in the prohibition of the third section of the act, and not the
period of time, daily or otberwise, when the laborers are actually employed.
(3.) That removing coal finom a gangway, not for the coal, but for the purpose of driving the
gangway so as to connect the same with a second opening, is not working the seam, but opening
it for work. Such work does not make it a seam " for the time being at work " within the
meaning of section 3 of the act. Haddock et al. v. Commonwealth ex rel. Williams , 351.
3. Commonwealth 9. Haddock (x Kulp, 330) reversed. Id.
MORTGAGE.
X. It is not necessary to give notice to the terre tenant of mortgaged premises of the suing
out of the writ of scire /acuu, or to make him a party to the proceeding, in order to make a
valid sale of the land to satisfy the debt or money due upon the mortgage. Pardee et al. v.
Green et «x., 364.
3. If die terre tenant does not have notice of the proceeding, he will be permitted to make
any available defense against the purchaser at sheriff 's sale that he might have made upon trial
of the scire facias, in case it had been served on him. Id.
3. Whether served with scire facias or not, if the terre tenant applies by petition before
judgment, the courts invariably permit him to defend >rtf inter esse sue. Id.
4. But after judgment regulariy obtained by adversxuy proceedings, the terre tenant has
no such right, unless he can clearly show some special equity in addition to want of notice. Id.
MUNICIPAL CORPORATION. See Boroughs. Mandamus. Plbading and Practicb.
NEGLIGENCE.
X. In the absence of evidence to the contrary, a boy between fifteen and sixteen years of age
is presumed to have sufficient capacity and understanding to be sensible of danger, and to have
the power to avoid it. Devert v. Lehigh Valley Coal Co., 133.
2. If he knew the risks, and continued in the employment, it was his duty to exercise that
judgment and discretion which the law imputed to him. Id.
3. If, in performing the duties of his employment, he unnecessarily puts himself in a place
of known danger, and an accident results, he is chargeable with contributory negligence. Id,
4. In such case the &ther cannot recover, although notice was not given to him that the
cmploymeitt had been changed. Id.
5. Negligence of fellow-servants, the rule of law in regard thereto. Reese v. Payne &* Co., 179.
NEGOTIABLE INSTRUMENT. See Wasbhousbmbm.
NEW COUNTY. See Lackawanna County.
NEW TRLAL.
X. Practice in granting new trials for improper statements of counsel in argument of case,
discnssfd. Myers et al. v. Devens et al.', 105.
3. As a general rule, the fiulure of opposing counsel to ol^ect at the time will prevent the
granting of a new trial. Id.
3. Where a verdict is rendered against the binding instructions of the court, it is the duty of
the court to grant a new trial, even though it may be possible that the court erred in giving
such instroctions. McDade v. Cam/iell, X35.
4. As a general rule, the testimony of jurors is not admissible to impeach a verdict on the
ground of their own misconduct. Laurel Run Building Association v. Mitchell et eU., x6x.
Digitized by VjjOOQIC
20 Index.
NEW TRIAL (Continued).
5. A new trial will not be granted simply because counsel in addressing the jury referred to
the action of the jury on the fotmer trial. Objection should have been made at the time, and
the court would then protect the party complaining, either by withdrawing a juror, or by a
proper caution in their charge. Retse v. Payne b* Co., 179.
■ 6. If no challenge be interposed, the general character for sobriety of a juror cannot be
inquired into after a trial on the merits, in which he has not been guilty of misconduct affecting
the trial. Houpt v. HendUr, 23a.
7. The fact that a juror, after he has been sworn, drinks intoxicating liquors is not held to
be sufficient ground for a new trial, unless it is shown that he drank at the instance or expense
of the winning party, or that he was thereby unfitted to listen to and remember, and to intelli-
gently and impartially consider and weigh, the evidence. Id.
8. A juror who, after being sworn in a cause, comes into court in an intoxicated condition is
guilty of contempt, and may be fined. Jd.
9. Silence as to a known irregularity, or even misconduct, not directly affecting the verdict,
and with which the winning party is not connected, is generally held to be equivalent to express
assent that the trial may proceed. Jd.
xo. Where it is known to a party, or his counsel, that, during an intermission in the trial of
a civil case, a juror has drank intoxicating liquor to excess, and the party does not object to
proceeding when the temporary incapacity of the juror is removed, but takes the chances of a
verdict in his &vor, he cannot demand a new trial for that cause alone, unless the winning party
is shown to have been in some way connected with the mibbehavior. Id.
zx. The authority of the court to grant a new trial for misconduct of counsel in arguing the
case to the jury is well reo^^ized. Sweeney v. Lehigh Valley R. R. Co., 223.
X3. It is the duty of the party prejudiced by the unwarranted statements of opposing couiksel
to object at once. Id.
13. The general rule of practice, with one or two exceptions, is, that the party complaining
of the misconduct of opposing counsel in his argument to the jury will not be permitted to hold
his objections in reserve to be used in the event of an unfavorable verdict. Id.
14. Where the amount awarded by a jury is excessive, the court may annex a condition that
the excess be remitted to its refusal of a new trial. Schma/iM v. 1Vhitiey» 281.
ORPHANS' COURT. See Guardian. Trustbbs.
z. No Orphans' Court will approve an investment in the stocks of any public or private
corporation, except those authorized by some act of Assembly ; and in this case the court refused
to approve an investment by guardian in the first mortgage bonds of a railroad company, located
in the Slate of New York. Hoyt's Estate, 73.
3. In approving an investment, the courts consider that absolute safety of the principal is
of more consequence than great expectations of interest. Id.
3. Since the act of Assembly of May 8th, 1876, extending the list of approved securities to
"all bonds or certificates of debt now or hereafter to be created, and issued according to law, by
any of the counties, cities, school districts, or municipal corporations of this Commonwealth,"
it would be safe to say that no court should authorize an investment outside of those recom-
mended by the Legislature. Id.
4. It IS considered that no court should authorize an investment where its collection can
only be enforced by resort to the courts of another state or country. Id.
5. After the death of a vendor of land by contract, the tide of the vendee was sold at
sheriff's sale. The administrator c. t. a. of the decedent brought ejectment against the original
vendee and the widow, who was sole devisee, without record notice to the purchaser of the
vendee's tide. Judgment was entered by confession, and possession delivered on habere faciat .
Afterwards the sheriff's vendee brought ejectment against the administrator, the original vendee,
and the devisee, which is still pending. Neither of the parties have proved the contract. The
sheriff's vendee now files his petition in the Orphans' Court for specific performance : Held,
(x.) That the Common Pleas had no jurisdiction in the action of ejectment by the adminis-
trator, first, because the contract had not been proved ; second, because neither the act of 1849
nor any other authorizes an administrator to commence such action ; third, because the Orphaxxs*
Court of this county had exclusive jurisdiction to enforce specific performance.
(2.) That the petitioner is not entided to have the rents paid to the parties in possession
under the habere faciae set-off against the balance of purchase money due the estate, and
that he is liable to the estate for interest on the purchase money from the death of the decedent,
although the same was not due and payable until a deed should be tendered. GurCs Est., 4x9.
Digitized by VjjOOQIC
Index. 21
PAYMENT.
I. The payment of tolls exacted by a canal company, whose right to the same is disputed,
but which, by the exercise of threats and other means of coercion, compels the parties to accede
to its demands, or be put to considerable loss in their business, are such involuntary payments
that the company will be compelled to make restitution upon suit for their recovery. Lehigh
C. *• N. Co. ▼. Brown ei al., 115.
a. If the jury find that a person without authority wrongfully collects money, and it is paid
involuntarily, it may be recovered back. Id.
3. Rtrie laid down by Mr. Justice Field in Brumigan v. Tillinghast (z8 Cal. 273) adopted as
to what are involuntary payments. Id.
4. What are involuntary iMyraents, a question of (act for the jury. Id.
PLEADING AND PRACTICE. See Ambndmbkt. County Auditor. Elbction District.
Equttv. Dxvorcb Mortgagb. New Trial. Rbfsrbb. Roads.
X. A summons against an insurance company having its principal office in another county
cannot be served on a soliciting agent residing in this county, who is merely authorized to receive
applications and admission fees, and such assessments and annuals as may be sent to him for
collection. (/Hara v. Mutual Aid Socioty, 45.
a. An infamt may be arrested upon a capias ad respondendum for torts committed. He
cannot execute a bond, and most, therefore, either submit to imprisonment, or by the aid of a
next friend appear, and by interposition of that friend exMute a bond. Vincent V. Warner ^ 46.
3. Where a recognizance for appeal from the judgment of a justice of the peace is defective,
the proper course is to call on the appellant by a rule to perfect his bail within a specified period,
or in defiutit of it to have his appeal quashed. Gordon v. Snyder, 91.
4. But where the appeal is absolutely unauthorized, because the appellant has neglected to
comply with some positive condition precedent, as, for example, the prepayment of costs, or the
making of an affidavit under the act of 1876, he must show that the fault of the omission was not
his. Id.
5. The rule laid down in Gordon v. Snyder {ante 91), as to the practice in cases of unau-
thorized appeals, followed. Swa/iow v. Red Ash Coal Co., 121.
6. After a long ?apse of time an attorney will not be allowed to withdraw his acceptance of
service of writ, and appearance and plea, unless it be satisfactorily shown that the plaintiff would
be in as good a position as when the writ issued. Heller v. Waller et al., 138.
7. A plaintiff who has fiauled to recover in a scire facias upon a mechanic's lien may resort
to an action of debt against the same defendant upon the original contract, without payment of
costs allowed in the mechanic's lien proceeding. Long v. Caffrey, 192.
8. Where the defendant in the action upon the contract has appeared before arbitrators,
and agreed to the entry of a judgment against himself for a sum certain, reserving the right to
appeal, and has then entered his appeal, the application to set aside the proceedings because of
non-payment of costs is too late. Id.
9. Powdl V.Wyoming Valley •Manufacturing Co. (9 Luz. Leg. Reg. 1x5; x Kulp, 91)
presents the exact converse of the present question. Id.
10. Issue of naU tiel record is triable by the court without a jury. Jeremy v. Edwards
</«Mr.,370.
XI. To a void record the plea of nul tiel record is sustainable. Id.
19. An action against a mtmlcipal corporation is local, and must be brought and tried in the
oooit of the proper county. Church, assigned, v. City efScranton, 400.
PRESUMPTION OF DEATH. See Evidbncb.
PRINCIPAL AND SURETY.
X. Where a lease has the name of A. as lessee in the body of the paper, and is signed by A.,
and also by B., with the word "ball" added to his name, it is a joint undertaking by both.
Brown v. Peters, 403. •
3. As between themselves, they are principal and surety ; in favor of the lessor, they are
both principals. Id.
POOR.
X. The vacation of an order of removal on appeal is only condusive as between the two poor
districts which are parties to the appeal. Overseers v. Overseers, 375.
a. Service alone, without hiring, will not gain a setdement ; but to constitute a hiring it is
nnt necessary that the consideration should be paid in money ; an express agreement that the
Digitized by VjjOOQIC
22 Index.
POOR (Continued).
pauper should receive his victuals and clothes for his labor constitutes a hiring by which a settle-
ment may be gained. Id.
3. It seems that mere admissions or declarations by the parties after the termination of the
service are not competent evidence to show a hiring in order to establish the legal settlement of
a pauper. Id.
4. But declarations of the parties made during the continuance of the service are admitted
for the purpose of illustrating the character of the service, whether gratuitous or otherwise. Id,
5. Up to about 1850 B. had a settlement in Huntington by payment of taxes, when he sold
his land and moved to Fairmount, where he acquired a settlement by a hiring. In 1856-7 he
removed to Ross, where he continued in service by hiring until 1874, thus acquiring a settlement
in Ross. From the last named township he removed to Fairmount, where he continued without
hiring until he was declared a pauper. The overseers of Fairmount issued an order of removal
to Huntington, from which the latter appealed : Held^ that the order must be vacated. Id.
6. In a settlement case, proof maybe made of assessment of taxes by a witness who produces
before the examiner appointed to take the testimony the books of assessment from the proper
office, and in the presence of the parties states in his deposition the items of the assessment in
question as therein contained, no objection being made at the time to that mode of proof.
Directors v. Directors^ 3x5.
7. Jerry Coats, having a settlements in Danville, resided there with his wife and family from
1855 to 1869. In the latter year his wife became insane, and was, with his knowledge, placed in
a lunatic hospital by the directors of the poor of the Danville district, where she remained, at the
expense of that district, until 1882, when an order was obtained for her removal to Scranton.
In 1875 Coats abandoned his dsimily and his residence in Danville, and went to Scranton, where
he resided for sevc^n years, during live of which in succession he was assessed with and paid his
proportion of public taxes in the Scranton district : Held^ that he gained a settlement in
Scranton for himself and wife, notwithstanding the fact that she was during that time receiving
relief from the Danville district. Id.
REAL ESTATE. See Husband and Wifb.
REFEREE.
1. Where there is a direct conflict in the testimony, involving the credibility of witnesses,
the decision of the conflict by the referee will not be disturbed, unless it is clearly shown that he
has committed gross error. Clark v. Su/Zrvattf 124.
a. The court has power to recommit the report of a referee. Kingston BtUlding Assdn v.
McDonoMgh, 137.
ROADS.
1. After the filing of the report of viewers in a road case, awarding damages, exceptions to
the report were filed, depositions were taken on both sides, and the case was fully argued to the
court. The court overruled the exceptions and confirmed the report. The discretion of the
court having been thus invoked and exercised, it is now too late for an appeal and a jury trial
under the act of June 13, 1874. In Re Private Road in Nescopeck^ 358.
2. The time when the report is filed is the time when the damages are ascertained. The
thirty days allowed for the appeal must begin to run from that time. Id.
RULES OF COURT, 143.
SCHOOL DIRECTORS. See Common Schools.
SHERIFF AND SHERIFF'S SALE. See Bankruptcy.
X. The gist of the action against a bidder at a sherifi''8 sale, where the bid is not complied
with, is a breach of contract. IVkita/cer et a/, v. Thompson et al.^ii.
2. If by a breach of contract the plaintifi* has suffered ii^ury, he may recover damages
therefor. If he has suffered no injury, he can recover no damages. Id.
3. Where there is an outstanding lease of premises in which the defendant in an execution
is the lessor, the defendant is not entitled to demand or receive any rent from the tenant
subsequent to the delivery of the sheriff's deed. Herr v. Binkley^ 39.
4. The remedies against a sheriff by personal action and by suit on his official recognizance
are cumulative, and a recovery without satis&ction in the former is not a bar to the latter.
Com$H0nwealtk ex rel. Butler v. Wkitaker et al.^ 405.
5. It seems that a judgment against the sheriff in a personal action is not condusire, as to
the damages at least, against the purchaser of land bound by the lien of the recognisance in a
subsequent suit upon the recognisance. /</.
Digitized by VjjOOQIC
Index. 23
SPECIFIC PERFORMANCE. See Orphans' Court.
STATUTES, CONSTRUCTION OF. See Camp MsirmrG. Turmpikb. Warhhousbmkn.
SUBROGATION.
z. Where it is shown that subsequent lien creditors have paid a prior judgment under a fair
and legitimate effort to protect their interests, and that intervening rights will not be jeopardized,
their right to subrogation will be clear, filiek v. IVeller, 29.
a. Bat where the prior judgment creditor has issued execution, the court will not compel
him to accept payment from subsequent lien creditors, and to assign his judgment to them.
They have no standing in court until they have paid the judgment. Id.
3. Subn^ation will not be decreed in favor of a mere volunteer, who, without any duty or
compulsion, moral or otherwise, pays the debt of another. Id,
SUMMARY CONVICTION.
I. The record of a summary conviction will be reversed if it does not set forth a well defined
act forbidden by law. Commonwealth v. King^ 2x7.
3. In summary convictions a justice must set forth the charge specifically ; he must, under
the act of 1876 (P. L. 154), reduce the evidence of witnesses to writing as it is delivered by them
before him. Id,
TAXATION.
I. Section 3 of the act of February aSth, 1835 (P. L. 46), does not authorize the county com*
missioncrs to file a certificate and have judgment entered thereon against the receiver of taxes
of the city <A Wilkes-Barre, i4)pointed under section 39 of the city charter. LuMernt County v.
MUUr, 113.
TAXES.
I. The duplicate issued to a collector containing taxes charged against a person, when
returned by the collector to the treasurer marked " paid " opposite the tax, is prima/acU
evidence that it was paid by person charged. Directors v. Directors^ 315.
3. Taxes assessed and levied before a decedent's death become a debt against his estate.
Catner'* EsteUe, 333.
TERRE TENANT. See Mortgagb.
TRESPASS. See Cbrtxorari.
I. Animals lawfiiUy confined in the city pound (Wilkes-Barre) are in the custody of the high
constable, and he may maintain trespass against a defendant who unlawfully takes the same
from his possession. Sheridan v. Spare ^ 43.
TRUSTEES. See Evidbncr.
I. Where one secretly appropriates the funds of an estate placed in his trust and care, he is
at least a borrower, and must be dealt with as such, and not any longer as a trustee, so far as
questions of loss, interest, and compensation are concerned. Drake's Estate, 19.
a. An unfaithful trustee is entitled to no favor. He stands exposed to every equity and
every technical l^al advantage which accrues to the cestui que trust. Id.
3. An executor, administrator, guardian, or trustee who appropriates the trtist funds to his
own use renders himself liable to removal, to interest on the fund, to make good the principal,
although lost, and to a criminal prosecution for embezzlement. Id.
4. After a testamentary trust has been completed, the Orphans' Court may compel a trustee
to convey the estate to the beneficiaries. Mott's Estate, 69.
5. It matters not what may be the nominal duration of an estate given by will to a trustee,
it continues no longer than the thing sought to be secured by the trust demands. Id.
TURNPIKE.
X. Under the act of March X9, 1804, incorporating the President, Managers, and Company
of the Susquehanna and Lehigh Turnpike Road, the directors were bound to keep the road in
wpait and good condition ; and when not in repair, as found upon the report of viewers appointed
to examine the condition of the road, and notice of the same being given to the toll-keepers, they
were not to exact any toll until the road was put in good repair, under a penalty for each collec-
tion, re c overable before a justice of the peace. A toll-keeper exacted toll after being notified of
the condition of the road, and admitted the fact before a justice of the peace : Heid, that a good
prim^/acie case had been made out against such toll-keeper, which could not be rebutted with-
citt affixnative proof that the condemned portion of the road had been put in order. Fetterman
V. RMnns, 79.
Digitized by VjjOOQIC
24 Index.
VAGRANTS.
I. The second section ot the vagrant act of 1836 is not repealed by the tramp law of 1876.
Gfm. V. KtMg, a 1 7.
a. Mere idleness and disorderly conduct does not make one a vagrant. To sustain a con-
viction under these statutes, the record and evidence must bring the case within the very terms
of the law. Id.
VENDOR AND VENDEE.
X. Where a vendor, after having received part of the purchase money, retakes possession of
the land, without the consent of the vendee, and uses it, he is chargeable with the rents, issues,
and profits so long as he holds and uses the same, to be applied to satisfy any balance of purchase
money that may be due and unpaid, and he will not be allowed to give evidence of the value of
the improvements made by him while in possession, which were not necessary to the occupation
and profitable enjoyment of the land. Sckma/U v. IVhitUy, a8t.
WADHAMS, CALVIN, DEATH OF, 304.
WAGES. See Appeal. Cbrtioraki.
X. The act of February aSth, 1870 (P. L. 369), applying to appeals from " wages " suits in
Luzerne county, was not repealed by the general act of April aoth, 1876 (P. L. 43). Heuun v.
Alhtrtson, 146.
a. Watching timber at a salary of fifiy dollars per annum is not the kind of" manual labor,"
nor the salary such ** wages of labor," as are contemplated by the act of Assembly requiring an
affidavit and bail absolute for appeals. Zeiiler v. Everhari, 195.
WAREHOUSEMEN.
X. By "warehouseman, wharfinger, or other person," in the act of a4th September, 1866,
making warehouse receipts negotiable, is meant one whose business is to receive goods with a
view to their return in specie, whether altered in form by manu&cture or not. Bucher v.
Commonweaith^ 339.
a. For a receipt to be negotiable by that act, it must be issued by one who is, in &ct, a
warehouseman or wharfinger, or who is, like them, engaged in the business of bailee. Id.
3. A warehouseman is one who receives and stores goods as a business for compensation or
profit. One who receives grain on immediate purchase or for future sale on account of the owner
fo not a warehouseman. Id.
4. If A. conveys his com to B., a dealer in grain, and leaves it with him, not intending ever
to remove it, unless he should £adl to sell it to B. in a subsequent negotiation, B.'s later sale of it
to C. will be deemed the exercise of his option to purchase from A., and he will not be ameiuible
to the penalties of the act of 1866. Id.
5. One indicted for parting with the possession of grain, for which he has issued a receipt,
in form as follows : " Kingston Station, May 14, x88x. Received of J. Hettrick, per Kost, three
hundred and sixty-six and 48-56 bushels corn on store. (Signed) R. A. Bucher," without return
of the receipt, should, in the trial of an indictment therefor, be permitted to show that the
receiptee had, for a number of years before the issue of the receipt, delivered large quantities of
grain to the defendant, and always with the understanding that the grain so delivered was sold
to the latter, paying such prices as might rule on the days on which a settlement should be called
for, and that the com, for which the receipt in question was issued, was received under the same
arrangement. Id.
i>. A receipt, in fact, of a warehouseman, for goods received on deposit, Is within the opera-
tion of the act of 1866, whatever may be its form. But a receipt, in form, for a deposit, may, in
a criminal proceeding, be shown to have been given by one not in the business of bailee, and not
for articles bailed, and so excepted from the scope of that statute. Id.
7. The purpose of that act Is to protect third persons, and not the depositor; hence consent
of the latter to a violation of it by the warehouseman would not exonerate him. Id.
WILKES-BARRE. See Municipal Corporation. Ordinancb. Roads. SxATtrrBs, Con-
struction OF. Trespass.
WILL. See Income.
X. A devisee of the renu, issues, and profits of land for a certain period is equivalent to a
devise of the land itself for the same period, and if the devise be without limitation as to time
of eiyoyment or other conditions, it will carry a foe. EUys Estatt, 55.
Digitized by VjjOOQIC
Index. 25
WILL (Continued).
a. A devise over, the intervention of a trustee, followed by a power of sale in the trustee,
win be considered conclusive evidence, in the absence of a contrary intent expressed in the will,
that the testator intended only to give a life estate to the first Mker. Id.
3. A testator gave one-tenth part of his property, real, personal, and mixed, to the children
of his son, John, to be equally divided among them on the death of their father, and directed
that the said part be "held in trust by my executors during the life of the said John, and the
interest or iDcome arising from the same to be paid to the said John annually by my executors
during his natural life." He then authorized and empowered his executors " to sell or dispose
of all or any part of my real estate, or to lease the coal upon or under the same, and to convey
the same to the purchasers by good and sufficient instruments of writing, provided " they " shall
first have the written consent of the owners of six-tenths of the premises before selling or leasing
the same." The executors leased all the merchantable coal upon, in, and under the land, the
lessee agreeing to pay for the same, in periodical installments, at the rate of twenty-five cenus
per ton, etc. : Held^ that the testator's son, John, is only entitled to the interest on the install-
ments paid under the lease, and not to the principal absoluely, the income being a product of the
sale of a part of the corpus of the estate. Id.
See Elcy's Appeal, 335.
4. A bequest of a sum to be paid to the legatee annually for life out of the rents accruing
under a lease named in the will, " if they fail not," does not authorize an executor to reserve or
accumulate anything from the receipts of money in one year to pay the annuity of the next.
Skitpp et al. v. Gayiord, 283.
5. Such a legacy, however, will not be construed to be confined to the actual leahe mentioned,
unless that is the testator's plain intention. There being an evident desire to provide for the
legatee (or life, and no special reason for restricting her annuity to a fund received from a partic-
ular person, the language must be understood to indicate the property as the source of income,
rather than the identical contract then in force. Id.
6. Testator died, leaving ten children. His estate consisted mostly of a tract of land
valuable for agricultural purposes, but immeasureably more so for coal purposes. He gave to
seven of his children each a tenth part of his estate absolutely. To each of the three others he
gave the ** interest or income " of a tenth part during their lives respectively, remainder over to
children, vesting the estate in trust for that purpose. He authorized his executors, first having
obtained the written consent of a majority of the beneficiaries, to sell the whole estate, or to lease
the coal under the same. Executors, having complied with the directions of the will in this
behalf, leased the coal. The fund accruing under the coal lease was brought into the court below
for distribution. The life beneficiaries were awarded only the interest on their respective shares
of the fund : Heid, reversing the court below, that these beneficiaries were entitled to their
respective shares of this fund absolutely. Eley's Appeal ^ 325.
7. Personal property is the primary fund for payment of legacies that are not expressly and
exclusively charged on land ; and in such case there must be a final account by the executor,
showing a deficiency of as.-M:ts, before entering a decree for the sale of the land for payment of the
legacies. Prince's Estate, 357.
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, January 5, 1883. No. i.
Copyright, 1883, by Geo. B. Kulp.
Thomas Darling was the paternal greatgrandfather of Edward
Payson Darling, the subject of the present sketch. He was
cither the first American ancestor of the family, or his immediate
descendant The family is of English extraction, and the first
of the name to reach this country was among the earliest of the
early New England arrivals. The exact date of his coming is
not, however, known. Thomas Darling married Martha Howe,
a niece of Lord Howe, the commander of the British forces in
America during the Revolutionary war.
His son, the grandfather of Edward Payson, was Eliakim Dar-
ling, whose birth occurred in New Hampshire, in 1767. He
married Ruth Buck, of Buckport, Maine, who was born in 1775,
and died in 1855. Eliakim moved to Buckport, Maine, at an
early age, where he became an extensive ship-builder and owner,
in which he drove a thriving trade with several foreign countries.
During the war of 1812 he was captured by the British while
attempting to run the blockade of the New England coast, but as
it was after peace had been declared, although not known at the
time in this country, his ship and its contents were soon after
released. He died at the age of sixty-six, in good circumstances
I lis son, William Darling, who was the father of Edward
Payson, was born in Buckport, Maine, but removed, when a very
young man, to Reading, Berks county. Pa., where he was admitted
to the bar, and entered actively into the practice of the law. He
was a lawyer of fine parts, and held a leading position in the
Courts for many years. In 1851 he was a United States Com-
missioner to the World's Fair, at Crystal Palace, London, and
during that year delivered a series of addresses at Exeter Hall.
in that city, on the relations of the two countries. The Earl of
Digitized by VjjOOQIC
Edward Payson Darling.
Shaftesbury presided on these occasions, and the addresses elic-
ited wide-spread notice and comment in both countries. He
retired from active practice when but forty years old. He had
been previously appointed President Judge of the Berks district,
but his health failing shortly after, he resigned the position,
though he nevertheless lived to the comparatively advanced age
of seventy-eight years. He was also a Vice-President of the
American Sunday School Union from its organization until the
time of his death.
Edward Payson's mother was Margaret Vaughan Smith, the
daughter of John Smith, of Berks county, who was owner of the
Joanna furnace, in that county, a noted establishment at an early
day. In 1832 the Joanna furnace was being operated by William
Darling, and, as appears from a report made to the Auditor
General of that year, employed one hundred and sixty-eight men.
The furnace was owned by Mrs. Darling, to whom it descended
from her father. John Smith was the son of Robert Smith, of
Chester county, Pa., who was the son of Jolin and Susanna Smith,
who emigrated from the north of Ireland in 1720, and settled in
Ujvchlan township, in the county last named. Robert was born
at sea during the voyage over. He was of the sturdy, plucky,
and enduring sort who constituted the main reliance of this now
great country through the troublesome years of its infancy.
In an article written* by Joseph S. Harris, Esq., and published
in the Pennsylvania Magazine of History and Biography, we are
indebted for the following sketch of the Smith family:
"Little is known of the history of the Smith family prior to
their emigration to Pennsylvania, except that the family name
was originally Macdonald, and that the branch of it from which
Robert was descended formed an important part of the earliest
Scottish emigration across the North Channel into Ireland in the
time of James I. of England. Near the end of the seventeenth
century, Robert Smith's grandfather lived in the northeastern
part of Ireland. Just before the battle of the Boyne, as the sol-
dier-king, William III., was personally reconnoitring the locality
which was soon to become famous, his horse cast a shoe. There
was, of course, no farrier in attendance to replace it, but Mac-
donald, in whose neighborhood the accident occurred, and who,
like many other farmers in thinly peopled districts, volunteered
to repair the injury, shod the horse, and so enabled the King to
Digitized by VjjOOQIC
Edward Payson Darling.
proceed. His neighbors, who, like himself, were in sympathy
with the cause of which William was the champion, dubbed
Macdonald 'the Smith.* Such a change of name would not now
be considered a compliment, as Smiths are so numerous that the
name confers no special distinction, but in that district there was
a surfeit of Macdonalds; all the possible changes had been rung
on the name, and still there were hardly enough names to indi-
vidualize the members of the clan. Smith was a novelty, and
the branch of tiade it represented has always been an honored
one, especially in primitive society, and this particular Scotchman,
proud to have his name linked with that of a great man and a
decisive battle, as that of Boynewater was soon known to be,
accepted the cognomen, and handed it down to. his posterity as
the family name. The Macdonalds held their lands in Ireland
by tenant right, and while they, with the rest of their country-
men, were subduing the savage land which they now called
home, they lived in peaceful obscurity. But when the colonists
had won for themselves prosperity, that prosperity invited the in-
terference both of their landlords and of the English government
Being Presbyterians, they resisted the legislation by which their
rulers attempted to establish uniformity of ritual throughout the
island, and when by the Sacrament Test, as it was called, they
were required to pay tithes to the Established Church; when
marriages by their own clergymen were declared null, and the
issue of such marriages illegitimate; when they were forbidden
to bury their dead by the rites of their own church, or to have
teachers of their own faith ; when they were debarred from all
positions of power or trust, and heavily taxed on their produc-
tions and traffic; and when, in addition to these governmental
oppressions, the absentee landlord took occasion, as the leases
expired, greatly to increase the rents, these sturdy colonists, who
had in one century turned the most desolate part of Ireland into
a garden, and its most lawless district into an abode of peaceful
and happy industry, decided again to abandon their homes, and
to seek others beyond the seas; where, under Penn*s mild and
beneficent rule, permanent prosperity might be hoped for as the
reward of honest toil; where they could build houses and reclaim
land for the benefit of themselves and their children, and where
they might worship God in the way that their customs and their
consciences dictated.
"Such were the causes that led to the Scotch-Irish emigration
to Pennsylvania in the first half of the eighteenth century, which
gave to that colony so many of its best citizens. Among the
first of these emigrants were the parents of Robert Smith — John
and Susanna — who left their homes in 1720, one year after the
Digitized by VjjOOQIC
Edward Payson Darling.
enforcement of * The Test,* and whose special grievance was, not
the raising of the rent of their homestead, but the absolute refusal
of their landlord to renew their lease unless they would comply
with the requirements of that hated act.
**The company was composed, as the beginning of such an
emigration is apt to be, of the best class of the Scotch settlers ia
Ireland, men of property and education, many of them being
clergymen and fine scholars, who, for years afterwards, furnished
the most eminent teachers of the classical and theological schools
in the southeastern part of Pennsylvania.
** Though the voyage was stormy, and unusually long even for
those days of dull sailors, tradition tells of no losses of life on
the journey, while there was certainly one life gained, for Robert
Smith was born at sea. Immediately after landing at Philadel-
phia, the emigrants pushed westward thirty miles into Chester
county, and passing by the fertile Great Valley took up lands to
the northward in the hilly country of Uwchlan township, in a
locality long known as the Brandywine settlement
"With her brother John came Mary Smith, who married
Alexander Fulton, removed to Little Brittain, Lancaster county,
and to whom in due time was born a grandson, Robert Fulton,
who has indissolubly linked his name with the history of steam
navigation.
" Nothing is remembered of the early life of Robert Smith.
His father died in 1760, and his mother in 1767; the homestead
fell to Robert, who prospered there, as wise and diligent men did
in those days. Sergeant Robert Smith is reported in the public
records of the time as 'going to Reading to be qualified,' when,
in 1757, the war between the French and English made the
Indians restless and aggressive on the whole Pennsylvania border,
and called out large bodies of militia in that peaceful colony.
His next appearanee is in the commencement of the Revolution,
in August, 1775. The colony had but a small navy, and the
chief reliance for the defense of Philadelphia was on obstructions
to be placed in the channel of the Delaware river. Numerous
plans were offered, and after discussing them thoroughly it was
decided to place a line of chevaux-dc-frise across the channel.
At the date last mentioned, Robert Smith was thanked by the
Supreme Executive Council of Pennsylvania for a model of a
machine for handling chevaux-dc-frise, and was soon after
directed by the same body to report on the merits of the rival
plans of Govett and Guion for building them. The next year the
work was taken up in earnest, and in June, 1776, the Council
instructed him to take charge of and sink the proposed defenses.
He remained in charge of these works for nearly a year, during
Digitized by VjjOOQIC
Edward Payson Darling. 5
which time he was also engaged in planning the land fortifications
which were included in the same line of defenses. While engaged
in these military defenses, he was also called to aid in raising the
civil bulwarks of the State, and sat in the Convention which, on
the 28th of September, 1776, adopted the first State Constitution
of Pennsylvania.
"Robert Smith was at this time a man of considerable means,
of great enei^y and extensive influence, and when, after the first
flush of enthusiasm with which the colonists entered upon the
Revolutionary war had passed away, the necessity of organizing
and discipling the forces who were to conquer freedom for a con-
tinent was recognized, he was considered the fittest man to do
this work for his county, then the second in importance in the
State, and was accordingly called, on the 12th day of March,
1777, by the Supreme Executive Council, to the responsible post
of Lieutenant of Chester county. This office, whose name and
duties were analogous to those of the King's Lieutenants in the
counties of the mother country, gave him, with the rank of
Colonel, the charge of raising, arming, and provisioning the mili-
tary contingent of his district, and in every way preparing the
troops to take the field. They remained under his command till
they were called into active service.
"The selection proved a wise one. The Scotch-Irish were
generally of good fighting material, and the circumstances under
which they had left their old homes made them have no hesita-
tion in taking up arms against the British government. Colonel
Smith had had some experience in military affairs and in admin-
istration, and would no doubt have taken the field, but that he
was somewhat past the prime of life, and had grown too large
(weighing over 250 pounds) to undergo the fatigues of service at
the front. He seems through this period of his life to have been
somewhat of a pluralist, though it may have been to aid him in
the discharge of his duties as County Lieutenant that he was
elected SheriflT of Chester county, March 29, 1777, and appointed
Justice of the Peace, March 31, 1777. The latter office he held
for a number of years, and he was re-elected to the former,
November 21, 1778. In October, 1783, he was one of the two
persons elected by the people, as the custom then was, for the
office of Sheriff, but the Governor, in whom was vested the final
choice, selected William Gibbon, the other candidate.
"As illustrating the temper of the time, and especially the feel-
ings of those who were his nearest neighbors, the following inci-
dent is worthy of note. When in the spring of 1776 Pennsylvania
was called on for her quota of the troops needed to defend New
York against the advance of the British under Howe, the Rev.
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6 Edward Payson Darling.
John Carmicbael, pastor of the Presbyterian Church of Brandy-
tvine Manor, preached one Sunday the country's claim to the
services of her sons with such vigorous eloquence that every
man of his congregation enlisted, and that summer, while they
fought the bloody battle of Long Island, women reaped the
harvests at their homes in Uwchlan.
"Col. Smith retired from the pK>sition of County Lieutenant,
March 21, 1786, which he had held for nine most eventful years,
and from all public offices, except that of a Trustee of the State
Loan Office, which he retained for about a year after this time.
He served for one term in the State Assembly in 1785. In the
latter part of 1787, being then sixty-seven years of age, and no
longer in robust health, he retired to his farm, twelve years of
uninterrupted public life having led him to covet the quiet of
home, and his private aiTairs, which had been so long neglected,
requiring his attention.
"His life was prolonged for sixteen years more, till 1803, and
his death was caused by a paralytic stroke. He is remembered
as a man of upright and decided character, but of winning man-
ners, and from having so long been in official positions, so
respected and confided in by his fellow-citizens, as to be con-
stantly called on as an adviser in difficulties and an arbitrator in
disputes. He was a staunch Presbyterian, an Elder, and a pillar
in the church of which the Rev. John Carmichael was pastor, and
he brought up his family after the most approved Scotch fashion.
Reading the scriptures and prayer were an important part of the
daily routine of the home life, and a large part of each Sunday was
devoted to the study of the bible and the Westminster catechism.
" He married, December 20, 1758, Margaret Vaughan, daughter
of John Vaughan, of Red Lion, Chester county, who survived
him long, dying in 1822, at the age of eighty-seven. Of their
children, Jonathan was for many years honorably and prominently
connected with the First and Second United States Banks, and
with the Bank of Pennsylvania, as their cashier; Joseph was an
iron and shipping merchant of Philadelphia, and John (the grand-
father of the subject of our sketch) was an iron-master, owning
the Joanna furnace, near the line between Chester and Berks
counties."
The late Gen. Persifer F. Smith was a grandson, as was also
Persifer F. Smith, for so many years reporter for the Supreme
Court of the State.
A daughter of Robert Smith married Rev. Levi Bull, D.D,,
an eminent clergymen of the Episcopal Church, and who was at
the time of his decease the oldest Episcopal minister in the
Digitized by VjjOOQIC
Edward Payson Darling.
Diocese of Pennsylvania. He was rector of St. Mary's Church,
in Chester county, for nearly fifty years. He was a grandson on
his maternal side of John Hunter, who was a member of the first
vestry of St Peter's Church, in Great Valley, Chester county.
Dr. Bull was the son of Col. John Bull, of Revolutionary memory,
who was one of the twelve members of Philadelphia county that
met in Provincial Convention in January, 1775, and one of the
four members that represented Philadelphia county in the Con-
vention that framed the Constitution of the State, and which was
adopted the 28th of September, 1776. He was a gentleman of
considerable eminence in his day, and at one time was the owner
of the mill and plantation of Charles Norris, where is now the
present borough of Norristown.
Out of such ancestry came Edward Payson Darling. He was
born in Robeson township, Berks county, on November 10, 183 1,
and was educated at New London Cross Roads Academy and at
Amherst College, graduating from the latter in 185 1. The New
London Academy was established by Rev. Dr. Francis Allison
in 1743. It became justly celebrated, and served to aid in fur-
nishing the State with able civilians, and the church with well
qualified ministers. Among those who were wholly or partially
educated here were Charles Thomson, Secretary of the Conti-
nental Congress; Dr. John Ewing, Provost of the University of
Pennsylvania; Dr. David Ramsay, the historian; the celebrated
Dr. Hugh Williamson, one of the framers of the Constitution of
the United States and historian of North Carolina, and three
signers of the Declaration of Independence — Governor Thomas
McKean, George Read, and James Smith. He read law in
Reading, and was admitted to the bar there on November 10,
1853. In 1855 he removed to this city, and on August 13, of
that year, became a member of the Luzerne bar, at which he
quickly rose to a foremost position. He has never held nor
sought political preferment; has, in fact, never taken an active
hand in politics in any way. In all civil questions, involving
commercial, real estate, and corporation law, he stands among
the foremost in his profession, as is attested by two facts: first,
that he has a larger number of students than any brother lawyer;
and, second, that he is executor and trustee of many of the largest
Digitized by VjjOOQIC
8 Edward Payson Darling.
estates in the county. He holds many business positions of great
responsibility, being a Vice-President of the Wyoming National
Bank and of the Miners' Savings Bank. He is also a partner in
the banking house of F. V. Rockafellow & Co. He is one of the
Directors of the Wilkes-Barre Gas Company, a Trustee of the
Wilkes-Barre Female Institute, a Trustee of the Wilkes-Barre
Academy, and a Trustee under the will of the late Isaac S. Oster-
hout of the " Osterhout Free Library," and was one of the appli-
cants for the charter recently granted by the State, under which
the finishing link in the new through line of railroad from Boston
to Chicago, of which the new North and West Branch forms a
part, is to be erected. By his associates in all these business
enterprises and trusts, his clear conception of the law and admir-
able judgment and tact are highly valued.
. Mr. Darling married, on September 29th, 1859, Emily H., a
daughter of Nathaniel Rutter, Esq., of this city, who has borne
him three children, Mary R. and Emily C, who are now being
educated in Germany, and Thomas, who is at pt'esent in the
Freshman class at Yale College. Mrs. Darling died during tht
last year.
The bulk of the creditable work of this world is accomplished
by two very different kinds of men. The one includes the dash-
ing, quick-witted, never- hesitating, always-to-the-fore kind, for
whom the obstacles which beset all paths seem to possess a sort
of fascination, and who go at them instanter, on a full tilt, and
with a nerve and courage conspicuous to and winning the plaudits
of all. The others are seldom thought by the masses to possess
extraordinary talents. But to those who know them intimately,
in place of quick wit, they present never-erring judgment, and in
place of mere dash, an industry that never tires. Obstacles cause
them to hesitate, but only long enough to determine the method
by which they can be surely surmounted. They don't win
applause, but they enlist confidence. They are paid, not with
huzzas, but with trusts. If anywhere a record of what each
accomplishes is kept, the balance will be found to be largely on
the latter's side.
A brother of Edward Payson, Henry Darling, D. D., is now
the President of Hamilton College, at Clinton, N. Y., a very
Digitized by VjjOOQIC
Plymouth Building Association v. Rood.
wealthy educational institution, being possessed of property val-
ued at $7QOSyoo. His first wife was the sister of ex-Judge Strong,
of the Supreme Court of the United States. He was Moderator
.of the General Assembly of the Presbyterian Church in 1 88 1.
Hon. Charles E. Rice and Elliot P. Kisner, Esq., are graduates
of Hamilton College. J.Vaughan Darling, Esq., of the Luzerne
county bar, is also a brother.
^OTrt of Common JMcos of Cujeme Conntg.
Plymouth Building Association, assigned, v. Rood.
Bmiidhigastociatiom — Witkdrmwingstockkcldcr— Opening Judgment— Court to weigh the evidence,
I. On a molioD to open a judgment, where, upon all the testimony, the court would not be justified,
in the exercise of a sound discretion, in sustaining a verdict for the defendant, the issue ought to
be refused.
«, A defendant in a budding association judgment cannot oC-set against the judgment the stocic of
another assigned to him after the maturity of the loan.
3. When a borrowing stockholder elects to apply his stock in payment of his loan, the proper course
is to deduct from the ascertained value of the stock all arrearages chargeable thereon, and to
credit tfie balance on the judgment. Building Association v. Mangan (ik Luz. Leg. Reg. sSx;
3 Rulp, 3co) loUowcd.
4. This computation b to be made as of the date when the stock matured.
Rule to show cause why judgment should not be opened and
defendant let into a defense.
The opinion of the court was delivered May 29, 1882, by
Rice, P. J. — The first ground of defense suggested is, that the
defendant did not sign the agreement required by article v. of the
constitution of the plaintiff association. The defendant swears:
" I never signed any agreement with the association, that I know
of, by which they could collect any more than six per cent inter-
est. . . I don't recollect that I signed any other instruments
when I signed this note. I won't swear that I did not sign
others. I don't remember any book or paper of the association
with writing on the top at the time I signed the note, and if I
did sign any such thing I didn't know what I was signing." This
testimony, taken at its very best, is very vague, and, even though
Digitized by VjjOOQIC
lo Plymouth Building Association v. Rood.
uncontradicted, it would be unsatisfactory. But it is clearly
overcome by the testimony of Mr. Smith, who swears that he
signed the defendant's name to the agreement in the general
stockholders' book by the' defendant's direction, and of Mr.
Shonk, who testifies positively to the defendant's signature to the
agreement in the borrowing stockholders* book. The defendant's
testimony scarcely raises a conflict; certainly not such a conflict
as ought to be sent to a jury. He simply does not remember a
fact, which is satisfactorily proved by the plaintiff*'s witnesses.
Even in case of conflict or discrepancy, it is the duty of the court
to weigh the testimony, and to exercise a discretion in the grant-
ing or refusing of an issue. Where, upon all the testimony, the
court would not be justified, in the exercise of a sound discretion,
in sustaining a verdict for the defendant, the issue ought to be
refused. Earley's Appeal, 9 Nor. 321; Hickernell's Appeal, Id^
328. It is unnecessary to say that the fact that the defendant did
not know what he was signing would not, in itself, constitute a
defense. Greenfield's Estate, 2 H. 496; Pennsylvania Railroad
Co. V, Shay, i Nor. 198.
It is suggested in the defendant's testimony that misrepresen-
tations were made to him at the time he joined the association,
and also at the time he gave the note, to the effect that, even
though he should become a borrower, he would still be required
to pay only one dollar per month on a share. The proof utterly
fails to make out a defense in this particular. Even if it were an
undisputed fact that one of the directors made the statement
alleged, it is evident that the defendant was not in any way
defrauded thereby. Before he made the loan, he had in his pos^
session a copy of the constitution and by-laws, and therefore may
be presumed to have known their provisions. But aside from
this presumption, the defendant admits that, at the next monthly
meeting after the loan had been made, he learned that he would
be required to pay five dollars per month as interest in addition
to the five dollars which he had before paid as dues. If he had^
in fact, been deceived in this particular, then was the time when
he ought to have objected to paying the five dollars monthly
interest; instead of doing which he continued to pay for a long
period without protest. It is quite possible that the defendant
Digitized by VjjOOQIC
Plymouth Building Association v. Rood. ii
did not thoroughly understand the nature and workings of the
scheme in which he embarked, but it would* be impossible to
conclude from the testimony that he was defrauded. His long
acquiescence conclusively proves the contrary.
We are hardly required to say that the stock of A. J. Wilkin-*
son, assigned to the defendant December 28th, 1881, cannot be
received as an off-set to this judgment. They have no relation
to each other in any way, and there is no evidence that the asso-
ciation has agreed to receive it as payment, nor is there any
method under the by-laws by which it can be so applied by the
court against the consent of the plaintiff. On the contrary, the
effect of such forced application to the payment of this judgment
would be to overthrow the whole method of withdrawal pre-
scribed in article vi.of the by-laws, and therefore the prior assignee
of the judgment has a legal right to object.
This brings us to the real ground of defense. The defendant
testifies that between three and four years ago he gave notice by
letter to Mr. Shonk, who, as he supposed, was attorney for the
assodation, of his desire to pay up what he owed to the associa*
tion, and to withdraw therefrom. While it does not positively
appear that Mr. Shonk was the proper person to whom such
notice should be given, the reception thereof by him, or by the
association, is not denied. It does appear, however, from the
testimony of Mr. Shaffer, the former secretary of the association,
that the stock of the series to which this defendant belonged
matured in May, 1878. In other words, this defendant's stock,
which he was entitled to have applied in payment of his debt,
then became worth two hundred dollars per share; subject, how-
ever, to the charge or off-set of the arrearages then existing.
We infer from the notice to which the defendant testifies, taken
together with his present application, that there is an election by
him to have his stock applied in payment of the debt secured by
this judgment. If, at the maturity of the stock (May, 1878), he
had not been in arrears, it would have exactly paid the judgment;
but, being in arrears, the residue only of the value of the istock,
after the deduction of such arrearages, is to be credited upon the
judgment. We held in Plymouth Building Association v, Man-
gan (11 Luz. Leg. Reg. 281; 2 Kulp, 210) that this computation
Digitized by VjjOOQIC
12 Plymouth Building Association v. Rood.
IS to be made as of the date when the stock matured. We still
adhere to the posftion there taken, and if, as is claimed by the
plaintiff, the amount of the arrearages in May, 1878, was ^574.24,
the strict and logical method of ascertaining the balance due
upon the judgment would be as follows:
Amount of loan secured by the judgment, . %\ooo 00 '
Par value of stock, May, 1878, . . ^1000 00
Less arrearages, 574 24
425 76
Balance due May, 1878, $ 574 24
Upon this balance simple interest is to be computed to the
present time.
Assuming the computation of the arrearages to be correct,
there will be no necessity for an issue, provided the plaintiff will
satisfy the residue of the judgment after the balance now due is
ascertained in the method above given. If there is any error in
the above computation it will be corrected uppn immediate appli-
cation being made.
And now, May 29th, 1882, upon condition that the plaintiff,
withm ten days from this date, satisfy all of said judgment over
and above the arrearages due May, 1878 (^574.24), together with
interest on said sum from said date and costs, the rule is dis-
charged; otherwise rule absolute.
George W. Shonk and J. A. Opp, Esqs., for plaintiff
H. C. Magee, Esq., for defendant.
Burglars often make safe robberies.
Not a pleasant dish — the cold shoulder.
It was a sudden imp-pulse which made Eve masticate the
apple.
"A new way to pay old debts " is to take the cash and pay
them.
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SHERIFF'S SALES.
Abstract of property to be sold by Win. O'Malley,,
Sheriff of Luzerne county, on Saturday, January i3tn,
A. D. 1883. at 10 o'clock A. M., at the Arbitration
room, in the Court House, Wilkes- Barre, who will
proceed with the different properties in the order in
which they arc number, to wit :
X
Suit of John M. Fairchild and Henry S. Fairchild,
Administrators of John Fairchild, deceased, v. Daniel
Moycr, defendant, and Henry Snyder and Samuel
Snyder, terrc tenants.
393 April term, 1881. Debt, $787.68. Fi. fa. 30
January term, 1883. Bennett & Nichols, Att'ys.
All that tract of land in Dorrance township, begin-
ning at a post comer of land of Samuel Yohe, thence
along lands of the same the several courses and dis-
unccs 90 perches to post and stones, thence 96 perches
to post and stones, thence alone land in the warrantee
name of Stephen Fuller 64 perches to a stone corner in
the warrantee name of Robert Lenox, thence along
same 23 perches to a post comer of land intended to be
conveyed to Elias Keener, thence along land of same
the several courses and distances 13 perches to a post,
thence 80 perches to a post corner of Adam Moyer's
land and land of Thomas Moyer, thence along same
96 perches to the place of beginning, containing S4
acres and no perches of land, more or less; partly
improved, and having erected thereon a two-story
wood dwelling and a bam.
9
Suit of the Empire Building and Loan Association
V. David E. Morris.
392 January term, 1881. Debt, ^00.00. Fi. fa. 25
January term, 1883. D. S. Bennet, Att'y.
All that lot of land on Meade street, city of Wilkes-
Barre, bounded westerly by land now or late of J. C.
Wells and G. D. Mor)ian, southerly bv an alley, east-
erly by land of James Welsh, and northerly by Meade
street, being 40 feet front on said Meade street, and
■bout 190 feet in depth : improved, with a double two-
story frame dwelling house, with basement of stone,
and double outkitchen attached thereto, together with
outbuildings and fmit trees thereon.
3
Suit of John Howell v. L. H. Evans.
141 January term, 1883. Debt, $1,500. Fi. fa. 38
January term, 1883. Ferris, Att'y:
All that lot of land in the borough of West Pitiston,
beginning at a comer of Luzerne avenue and Vine
street, thence along Vine street i6o feet to a comer,
thence along lands of John Howell 50 feet to a corner,
thence along said lands 160 feet to a comer, and thence
along Luzerne avenue so feet to the place of bekinntng.
containing 8,000 square feet of land, more or less; all
improved, with a two-story frame dwelling house and
outDuildings thereon.
Suit of August Schlingman v. H. C. Gates.
765 January term, 1878. Debt, $362.02. Al. fi. fa.
50 January term, 1883. Hahn, Att'y.
All that piece of land in the city of Wilkes- Barre,
beginning at a comer 20 feet from the I>ehigh and Sus-
quehanna Railroad and in the line of the cross street
called Hanover street, thence 127 feet to a comer,
thence by land of George Drake 92 feet, thence 25 feet
to a corner, thence 12*4 feet to a comer of land of Isaac
E. Ross, thence along said land 150 feet to said Hano-
ver street, and thence along said street 128 feet to the
Elace of beginning, containing 14,933 square feel of
md : all improved, and having erected thereon one
brick foundry.
Suit of A. G. Gilmore & Co. v. A. F. Duffy, Admin-
istrator of the estate of Anthony Duffy, deceased.
623 October term, 1882. Debt, $442.98. Vend. ex.
51 January term, 1883. J. T. Lenahan, Att'y.
AH the following described pieces of lan<l in the
borough of Plymouth, viz. :
I. Beginning at a comer on Center avenue and lot
of S. R. Williams, thence 120 feet to comer of Duffy
street, thence along Duffy street 122 feet to comer of
lot oa DuflV street and G. M. Williams' lot, thence!
I along the same 00 feet to comer, thence along the back
'end of two lots 60 feet to an allev, thence 55 J^ feet to a
comer on an alley and lot of Otis Allen's, thence 84
feet to a corner, thence 105 feet 10 a comer, thence 100
feet to the place of beginning; the above described lot
being unsold portion of Dufly's addition to Center ave-
nue, and above back street on Shawnee avenue ; con-
taining about three-fourths of an acre; excepting and
reserving the coal and all other minerals.
2. Beginning at a comer of lot of Michael Ratchford
(northeast corner), thence in a northwesterly course
direct with the northeast line of said Ratchford about
about 150 feet through the land of W, H. Cool & Co.,
thence along the land of said Cool & Co in a south-
westeriy direction 82 feet to a corner, thence south-
easterly in a direct line about 150 feet to a corner on
said Ratchford land 75 feet from the place of begin-
ning, thence northcarterly along the same 75 feet to a
comer, the place of beginning, being 73 feet in front,
with 82 feet in rear, and about 150 feet in depth, con-
taining 7,800 square feet of land ; excepting and reserv-
ing the coal and all other minerals.
3. Beginning at a comer on Center avenue extension
and lot of Rosanna Clark, thence along the line of the
same 100 feet to a corner on land now or formerly of
Mrs. Mary Levi, thence along the line of said Mrs.
Levi 50 feet to a corner of lot Warren Hoffman, theiu:e
along the line of said Hoffman 100 feet to a comer on
said Center avenue extension, thence along the same
su feet to a comer, the place of beginning, being 100
feet deep by 50 feet in width, and containing 5.000
square feet of surface, with a i V^-story frame dwdlinjr
thereon ; excepting and reserving the coal and all
other minerals.
4. Beginning on back street at a point in line of
lands of Joseph Sweitzer, thence 50 feet to land of Ira
Ransom, thence 150 feet to land of Samuel H Shaffer,
thence 50 feet to lands of said Joseph Sweitzer, thence
50 feet to the place of beginning, conuining 7,500
square feet of land ; excepting and reserving all the
!coal and other minerals.
6
Suit of Hancock & Macknight v, Patrick Considine.
603 October term, 1882. Debt. $506.06. Fi. fa. 45
J.-inuary term, 1883. McLean & Jack.son, Att'ys.
All that lot of land in the township of Plains, begin-
ning at the northeast corner of Union and Mill streeu,
thence 193 feet along Union street to a comer, thence
40 feet to brow of bank of Mill Creek, thence along
brow of bank 144 feet, thence 71 feet to a comer, thence
125 feet along Mill street to place of beginning, and
containing in all 13,050 square feet of surface; coal and
other minerals reserved ; improved, with three 2-story
frame dwelling hou:>es and outbuildings thereon.
7
Suit of Rockwell & Hurl butt v. Richard D Uoyd
and Ann Lloyd.
153 January term. 1883. • Debt, real, $87.00. Fi. fa.
40 January term, 1883. Miller, Att'y.
All th.^t lot of land in the city of Wilkes- Barre, in
that part of the city known as Rolling Mill Hill, begin-
ning at a corner on Hill street adjoining a lot contracted
to Peter Wallace, thence 118J4 feet to a corner of land
tof John W. Jones, thence along said Jones' lot 50 feet
to a comer, thence 123 feet to a comer on Hill str«et
aforesaid, and thence alon^ the same 50 feet to the
place of bceinning, containing about 6,000 square feet
of land ; all improved, with a two-story frame hoiisc
and outbuildings thereon. 51-1
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisements in the following estates
have been approved nisi by the Orphans' Court of
Luzerne county, and, unless exceptions are filed, will
I be presented lor final approval on Monday, the 8tli
day of January, 1883 :
i Simon Rcnialcy. George Nansteel, Reuben Kisner.
William J. McCullough, Ira Sacket, and Martin Mur-
phy, deceased.
JOSEPH HENDLER,
l5«-i Clerk O. C.
Digitized by VjjOOQIC
LICENSES.
Notice is tkcrebr ^veo that the following persons
have fiied their applications for Ucense to keep hotels
and reslanrants, and to sell Kqiior by the quart, in the
efice of the Clerk of the Court of Quarter Sessions of
llw county of Luaerac, and that said applications will
be beard oy the court on Monday, January sad, 1883 :
ASH LEV.
. Patrick McGovern .
. Babtist Knglc
IgK
ilia
. . Patrick Gallagher
BtTTLBR TOWNSHIP.
. . Dennis O'DonncU . .
. . Br>-an Martin ....
BLACK CRKSK TOWNSHIP.
Lorenz Hossenflug . .
. Restaurant.
. By Quart.
. Hotel.
. Restaurant.
. Restaurant.
. Hotel.
, Restaurant.
McGahren.
Hincs . . .
J. L. L . .
BrysoB . .
German . .
McManus
DORKANCB TOWNSHIP.
Gorman .... Henry Krouse Restaurant.
rRKRUiftD.
Hayes A. C. Heincy . .
** Frederick Haas
I Lynch - . . Frank Gallagher .
Hayes Libor Winter
" John Hearon **
•• Alfred Defoy
•• Frank McShea **
•• Cond^' McCoole .... *'
•* Maunce Ferry By Quart.
** Lonis Stindier •*
FOSTBR TOWNSHIP.
Hayes Hueh & Thomas Elliott . Hotel.
" William Lorenz .... •*
Habey .... John Richards "
Hayes ..... John Ferry Restaurant.
•* Austin Harvey •*
" Andrew McGheehan . . "
•* Anthony Surroan .... By Quart.
" Condy GaflTney •*
Halsey .... Philip Kennedy .... "
.... Peier Timony "
McManus . . . Condy Brennan .... "
HAROVEK TOWNSHIP.
Hakes William Jones Restaurant.
HOLLSNBACK TOWNSHIP. '
. . Paul Grover Hotel.
Martin
Goman
HAZLKTON.
. . Fred. Kepping .
. . C. J. Volkenand
.Hoi
_ , _ . John Ballentine . .
Kline Frederick Schaar . .
Michael McGerrity . . .
Hahn Frank Orawitz Restaurant.
Kline Conrad Schugard .... "
:if
o'ln l^app (ist)
ichael Angelo .... "
... Michasl Kefiv
Br y s oo .... John Kennedy By Quart.
K. H.Wright . William J. Feldhoff . .
Gorman . . . . C. Kellcy
McManns
. Thomas McHale .... "
HAZLB TOWNSHIP.
. Matthew Long By Quart.
KINGSTON.
. Francis Roth By Quart.
KINGSTON TOWNSHIP.
. John Moore Hotel.
. Adam Meisel •*
icnkias .... Harry A. Laycock ... '*
. T. L . . . . Patrick Heflfcran .... Restaurant.
IcL &J . . .I.R.Thomas By Quart.
Martin Moran "
NANTICOKB.
1. Lynch . . . Lewis Hodges . . .
E. A. L - . . . Mary C. tlfiott . .
Loop William Williams .
*• John Krywicki . . .
Hines ..... Alfred Landy . . .
Chapin .... Robert Kols worth .
HBWPORT TOWNSHIP.
£. A. L . . . . Joseph Underwood .
PLYMOtJTH.
J. T. L . . . . Thomas Carter Hotel.
BrysoD . .
Reynolds .
B. &N . .
McL. & J .
Jcnkias . .
T. L . .
JcL & J .
J. T. L : .
Lynch .
. A. L
PLTMOirrH TOWNSHIP.
Magee .... William Alien . .
Shonk Charles E. Waters
Andrew Brennan .
J. L. L
Hughes
Mahon
. Lynch
fahon .
Brundage
k
. John McGowen
PITTSTON.
. M. M. Davis .
PITISTON TOWNSHIP.
. George Judge
PARSONS.
. John McGavin
. Stephen Tool in
. Buchanan & Rhodes
SUGAR NOTCH.
Jones IP^^ Elliott
Peter Boice
O'Neill
J. L. L
. Patrick Rellley . .
WILKBS-BAKRB.
O'Neill .... George Ferstenfeld
Campbell . . . Jacob Stitzer . .
Coons & Shortz John R. Kennedy
Moore John H. Kneass .
McL. & J . . . Robert McCadden
Robinson . . . George Rcudelhuber
Cannon .... George Rieder .
Harding, McG . John Kinney .
. . Linus "
Hauman .
J. T. L .
,inus Zoellcr
. Henry Rittenauer
John Mailender .
Evans Andrew Hahn . .
Strauss . . . Nicholas Rose . .
P., D. & F . . Bryan McManamin
J. Lynch . . . Jacob Geicr . . .
J. T. L . . . . Wcndcl Gransen .
Hahn A. Miller ....
" George Ru.ss . . .
McL. & J ... C. A. Gaiighan . .
•• . . . P. F. Peoples . .
Strauss .... Lewis Lewith . .
I.-L. L . . . . William Griffiths .
McCartney . . Wm. M. Miller
WRIGHT TOWNSHIP,
Harding, McG . George Carey
Hincs John Mackin
Restauranl.
By Quart.
By Quart.
Restaurant.
Hotel.
Restaurant.
By Quart.
Hotel.
Restaurant.
By Quart.
Hotel.
. Hotel.
. Restaurant.
. Restaurant.
Restaurant.
By Quart.
Hotel.
By Quart.
JAMES R. EHRET,
Sa-a Clerk Q. S.
Also the following named persons:
HAZLBTON.
McManus . . . Daniel Duffy Restaurant.
" ... Peter Brady By Quart.
'• ... Patrick B. Boyle .... "
PLYMOUTH TOWNSHIP.
J. Lynch . . . Mary Keating Hotel.
Shonk Patrick Kelley Restaurant.
PARSONS.
O'Neill .... William Lawicr .... Restaurant.
WILKBS-BARRB.
Campbell . . . Lewis C. Engle Restaurant.'
L. K. STRENG,
1-3 Clerk Q. S.
ESTATE OF MATTHEW LONGWELL, LATE
of Franklin township, deceased.
Letters of administratiun upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
SARAH JANE LONGWELL,
E. G. BUTLER, Administratrix.
Attorney. 50-3
ESTATE OF JAMES C. HOWELLS, LATE OF
Jeddo, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ELIZABETH HOWELLS,
GEO. H. TROUTMAN, Administratrix.
Attorney. 51-4
Digitized by VjjOOQIC
ESTATE OF SAMUEL WOLFE, LATE OFl
Union township, deceased. 1
Letters of administration upon the above named
estate having been granted to the undersijpicd, all
persons having claims against the same will present
them for payment, and Uiose indebted thereto will
please make immediate payment to
BENJAMIN GREGORY,
5t-5 Administrator.
ESTATE OF MARTHA E. MOORE, LATE OF
Wilkes. Barrc, deceased.
Letters of administrati«m upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment , and those indebted thereto will please
make immediate payment to
CALVIN PARSONS.
52-5 Administrator.
ESTATE OF DANIEL VAN SCOY, LATE OF
Kingston township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
HENRY VAN SCOY,
PALMER, DEWITT & FULLER, Executor.
51-4 Attorneys.
ESTATE OF JAMES FLETT. LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARGARET FLETT,
CALVIN WADHAMS, Executrix.
Attorney. 50-3
ESTATE OF JOHN LONGWELL, LATE OF
Franklin township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
SARAH JANE LONGWELL.
E. G. BUTLER, Administratrix.
Attorney. 50-3
ESTATE OF MILTON SMITH, LATE OF
Nescopeck township, deceased,
letters of administration upon the above named
estate having been granted to the undersiened, all
persons haviiig claims against the same will present
th^m for pr^raent, and those indebted thereto will
please make immediate payment to
JACOB REDDLER,
A. R. BRUNDAGE, Administrator.
Attorney. 48-1
ESTATE OF WILLIAM MANS, LATE OF
Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
HENRY W. MANS,
C. W. KLINE, Administrator.
Attorney. 48-1
ESTATE OF PATRICK MOYLES, LATE OF
Laurel Run borough, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JAMES MOYLES,
58-5 Administrator.
ESTATE OF EDMUND JAMES. LATE OF
Lackawanna township, Luzerne (now Lacka>
wanna) county, decea.sed. Letters of administration
upon the above named estate having been gramted to
the undersigned, all persons having claims against the
same will present them for payment, and those indebted
thereto will please make immediate payment to
T. R. HUGHES, Adm'r d. b. n. c. t. a.,
N. TAYLOR, Scranton, Pa.
Attorney. 52-5
ESTATES TO BE AUDITED BY THE
Orphans* Court of Luzerne county. Notice is
hereby given that accounts have been filed and coo-
firmed absolutely by the court in the following estates :
1. Andrew Montanye; Geo. B. Kulp, Trustee; 9th
January. 1883.
2. Jonas Buss ; Benjamin Evans and A. G. Brtggs,
Executors: 9th lanuary, 1883.
3. Elizabeth Boeger; F.J. Helfrich, Administrator:
loih January. 1883.
4. Kiley Nichols; T. R. Martin, Administrator;
loth January, 1883.
5. Fanny H. Tilghman ; Charles Morgan and E. S.
Morgan, Executors: nth January, 188^.
6. John Breese ; Kosannah Brecse, Administratrix ;
nth January, 1883.
7. S. S. Coon; S. Bristol, Administrator; 12th Jan-
uary, 1883.
8. Mary McDermott : H. R. Hughes, Administra-
tor; i2th January, 1883.
9 J. Pryor Williamson; E. G. Scott and Adolph
Volgt, Executors: 13th January, 1883.
10. L. W. Drake : Ario Pardee, Calvin Pardee, and
Elvira E. Drake, Executors ; 15th January, 1883.
11. John H Egbertson : Lorinda M. Egbertson,
Administratrix; isih January, 1881.
12. Benjamin Nulton ; Elvira N. Nulton, Adminis-
t6th January, iSBi.
ip. W.iihan Kochcr; J, v
16th January, 1883.
N.iihan Kochcr; J, W. Kochcr, Administrator;
14. Philip StcKcr; William Kauffman, Executor;
17th January, 1883.
15. Alexander Jameson; S. C. Jayne, Administra-
tor; i7ih January, 1883.
i6. Andrew Wciskcrger; Gottlieb Schmalz, Execu-
tor; 18th January, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend.
if they sec fit, and present their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER.
51-1 Clerk O. C.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of
Pennsylvania, on the i8th day of January. 1883, under
the Act of Assembly cf the Commimwealth of Penn-
sylvania, entitled "An Act to provide for the incorpo-
ration and regulation of certain corporations, "approved
April 29th. 1874, and the supplements thereto, tor the
incorporation of "The Wilkes-Barre Electric Light
Company," the character and objects of which arc the
furnishing of light to the public by means of electricity.
RYMAN & LEWIS.
5 1 -I Solicitors.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of John Hu^es. will attend to the duties of hb
appointment, at his office^ on Franklin street, in the
city of Wilkes-Barre, on Saturday, lanuary 27, 1883,
at 9 o'clock A. M., at which time ana place all persons
having claims against said fund are notified to present
the same, or be debarred from coming in on said fund.
JOHN T. LE^AHAN.
51-2 Auditor.
Digitized by VjjOOQIC
AUDITOR'S NOTICE.
Tbe nndenigned, an Auditor, appointed by the
Court ^ Common rieas of Luzerne county to distnb-
■te the fund arising from the SheriflT's sale of the real
estate of Martin Murphy, will attend to the duties of
bs appointment, at his office, on Franklin street, in
the dty of Wilkes-Barre, on Saturday, the 6th day of
Jaonarr, 1883, at 10 o'clock A. M., at which time and
^ce aU persons having claims against said fund are
■ocified to present the same, or be forever debarred
froiB coming in upon said fund.
WILLIAM S McLEAN,
$>i Auditor.
AUDITOR'S NOTICE.
In Re Partition of the real estate of Francis
Gricsmer, deceased. The undersigned, an Auditor,
appointed by the Orphans' Court of Luzerne county
tD marshal hens and ascertain and report the interests
of the heir* of said decedent, hereby gives notice that
be will attend to the duties of his appointment, at his
offce, 00 Franklin street, Wilkes-Barre, on Friday,
Juoary 12th, i8S^, at 3 o'clock P. M., at which time
and i^ce all parties interested must appear, if they
wish to be heard.
HENRY W, DUNNING.
50-1 Auditor.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Picas of Luzerne county to dis' rib-
ace the proceeds of the Sheriff's sale of the real estate
of A. I>onop, will attend to the duties of his appoint-
ment, at his office, in the city of Wilkes-Barre. on
Tuesday, the 16th d:iy of Januar\', 1883. at 10 o'clock
A. U., at which time and place all persons interested
iBo»t present their claims, or else be debarred from
ooatng in upon »aid fund.
L. W. DEWITT
^>-r Auditoi
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporation." approved Apnl
39, 1874, and the supplements thereto, for the incorpo-
ration of an intended corporation, to be called " Ihe
Sugar Notch Coal Company," the character and ob-
jects of which are the mining, preparing, shipping,
selling, purchasing, and otherwise dealing in anthracite
coal, and also the leasing;, purchasing, and holding real
estate connected therewith.
E. P. & J. V. DARLING,
1-3 Solicitors.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 1. May term, 1881, Libel in divorce a vinculo
matrimonii. Lavina Cooper, by her next friend, Thos.
G. Williamson, v. Chas. Cooper. To Chas. Cooper —
Please take notice that the court has granted a rule on
you to show cause why a divorce a vinculo matrimonii
shall not be made and entered in fiavor of the libellant,
service of the subpoena having failed on account of
your absence. Returnable on Saturday, January 13,
1883, ai 'o o'clock A. M.
G. M. HARDING.
JOHN McGAHREN,
1-2 Solicitors.
N
ESTATE OF HENRY SCHAEFER, LATE OF
Hadeton, deceased.
Letters of administration upon the above named
ttcatc having been granted to the undersigned, all per-
>ij«s baring claims against the same will present them
fcr payment, and those indebted thereto will pleasr
^ftke immediate payment to
WILLIAM SCHAEFER,
J. A. GORMAN, Administrator.
Attorney. 1-6
OTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Jacob Meyer,
and that said license will be asked for in the court
aforesaid, on Monday, January 22(1, 1883, at 10 A. M.
JAMES L. I. EN AH AN,
52-1 Solicitor.
NOTICE IS HEREBY GIVEN IHAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Samuel Silver-
man, and that said license will be asked for in the court
aforesaid, on Monday, January 22d, 1883, at 10 A. M.
JOHN T. LENAHAN,
1-2 Solicitor.
N
ESTATE OF W. H. SPERRING, LATE OF ''^
Wnkcs-Barre, deceased. | -
Letters tcMamentary upon the above named estate'
iavi!^ been granted to the undersigned, all persons;
baviB^ claims against the s^imc will present them duly 1
i3theQtic3Ued for payment, and those indebted thereto i
will pteasc rdake payment to !
THOMAS SPERRING, '
BENNETT & NICHOLS, Executor.
Attorneys. 1-6
OTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Simon Silver-
man, and that said license will be asked for in the court
aforesaid, on Monday, January 22d, 1883, at 10 A. M.
JOHN T. LENAHAN,
Solicitor.
1
ESTATE OF THOMAS HUTCHINS, LATE OF,
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
SMs havini; claims against the same will present them
lor payment, and those indebted thereto will please,
■ake icunediate payment to \
R. H. WEIR, I
R. H. HUTCHINS,
McLEAN A JACKSON. Administrators. |
Attorneys. 52-5
CHAS. I). FOSTER,
Attorney at Law,
Wilkes-Bakhh, Fa.
W. S. PARSONS,
Alderman,
Makkbt Strbkt, Wilkks-Barrk, Pa.
McLEAN & JACKSON,
Attorneys at Law,
Wilkrs-Barrh, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Publk ,
Wilkes-Barre, Pa.
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The Luzerne Legal Register.
Vol. XII. Friday, January 12, 1883. No. 2.
Court of dommon pUoa of Cujertie (Jlountj.
Enterprise Building and Loan Association v, Griffith.
Prttctice-^Striking off judgment — Fortn of issue.
t. When a defendant alleges that his signature to an amicable revival of a judgment was a forgery,
or was obtained by folse and fraudulent representations as to the nature of the instrument, and
obtains a rule to strike off the judgment, the proper practice is to frame a special issue to try the
disputed questions of fact, and in the meaatime to allow the rule to stand over.
a. The original judgment, of which this was a revival, was entered in the Mayor's Court of Scranton :
Heldf that any defense to that judgment must be made in the Common Pleas of Lackawanna..
Rule to show cause why judgment shall not be stricken off.
The opinion of the court was delivered January 16, 1882, by
Rice, P. J. — If there is any equitable or legal defense to this
judgment, aside from the alleged fraud or forgery connected with
the execution of the amicable revival, it should be shown on
motion to open the original judgment, and that motion must be
made in the courts of Lackawanna county. The defendant
alleges that his signature to the amicable revival entered on our
records is a forgery, or was obtained by false and fraudulent
representations as to the nature of the instrument. These ques-
tions of fact must be referred to a jury, the allegations not being
admitted by the plaintiff Until these facts are determined by a
jury, this rule will stand over.
And now, January 16, 1882, an issue is awarded between the
parties to determine the questions of fact: ist. Whether or not
the signature of the defendant to the amicable revival is a forgery.
2d. Whether or not it was procured by false and fraudulent
representations of the nature and contents of the instrument.
Issue to be framed by counsel and submitted to the court.
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14 RlTfENHOUSE V. CrEASY.
(Jlourt of dommon |Jlea0 of Cujerne (loimtg.
RiTTENHOUSE et al. V. Creasy et aL
School hcuie site — Act o/A/riiQtk, 756/, P. L ji — Discretion of directors in selecting^— Pozo^r qf
court to inter/ere by injunction— Eminent domain.
Land was conveyed to certain persons as trustees " for ail German and English societies, MethodUt
only excepted, for the only proper use and benefit for said societies for school and worship for
every religion and denomination, Methodists only excepted." The school directors of the town-
ship having appropriated a part of the lot for a school house site, the trustees filed a bill and
asked for an injunction to restrain them from occupying it • Held, —
1. The necessity for the erection of the new school house, and the eligibility of the site selected, rest
in the discretion of the directors.
2. An implication that they deemed the site eligible, and the selection thereof expedient, as against
all others, would arise from their action on the subject. They need not record their motives
when they have jurisdiction to act.
3. An averment that the district was already the owner of a lot in the vicinity ample for the purpose
required would not sustain a bill by the trustees. Whether it would sustain a taxpayers* bill,
not decided. In either case, if the fact were in doubt, the court would refiise a preliminary
injunction.
4. The discretion having been vested in the directors, the question for the court is, whether they
have proceeded contrary to law, or transcended their powers.
5. This IS a use for which land may be taken compulsorily under the right of eminent domain.
6. Land held in trust as this was is private property, and may be taken in the exercise of this risht.
7. It is not made a condition to the exercise of this right by the directors that they have been unable
to obtain any other site by agreement with the owners of the land.
Motion to continue preliminary injunction.
The opinion of the court was delivered September 9, 1882, by
Rice, P. J. — The defendants, with the exception of George
Nagle, constitute the board of directors of the schools of Black
Creek township, and as such have appropriated and marked off a
half acre of land for the purpose of erecting thereon a school
house. The land, of which it constitutes a part, was conveyed
in 1 8 19 to the predecessors of the plaintiff trustees upon the fol-
lowing trust: **To have and to hold the said described lot unto
the said George Dresher and Cornelius Rittenhouse. trustees,
appointed for all German and English societies, Methodist only
excepted, for the only proper use and benefit for the said German
and English societies for school and worship for every religion
and denomination, Methodists only excepted.'*
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RiTTENHOUSE V. CrEASY. 1 5
We are asked to restrain the defendants by injunction from
proceeding with the erection of the school house thereon, for the
reason, as alleged in the bill, "that there is no public necessity
for taking any portion of said premises for the uses of said school
district; that within some fifteen hundred feet thereof said school
district owns a lot ample for such proposed building, and other
lots in the immediate vicinity of above described premises can be
readily obtained by said board, but no attempt has been made to
procure the same."
The defendants claim to be acting under authority of the act
of April 9, 1867 (P. L. 51), which empowers them to enter upon
and occupy ground for the purpose aforesaid whenever they
"shall be unable to procure such eligible sites for the erection of
school houses as they may deem expedient by agreement with
the owner or owners of the land."
The language of the statute is very plain, and cannot well be
misconstrued. When a necessity for the erection of a school
house has arisen, the directors are authorized and dii-ected to
exercise their discretion in the selection of an eligible site. Hav-
ing made the selection which they deem expedient, they are to
agree therefor with the owner of the land; but having failed to
agree with him, they are authorized to mark off the quantity
required, not exceeding an acre, and then to enter upon and
occupy the same for the purposes required.
Now, it is not asserted here that a necessity has not arisen for
the erection of a new school house; and, indeed, we do not think
that the present plaintiffs, in the capacity in which they come into
court, could raise that question. This fact, then, is to be pre-
sumed. Neither is it alleged that the selection of this particular
site was not necessary and expedient in the judgment and discre-
tion of the board of directors regularly exercised. On the con-
trary, their action appears to have been taken in pursuance of a
resolution, and the defendants assert in their affidavits that the
selection was made by them, "after mature consideration, as the
most eligible situation, . . . and not arbitrarily, or with any
desire to injure the plaintiffs." Even in the absence of this
express declaration, an implication that they deemed the site
eligible, and the selection thereof expedient, as against all others.
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1 6 RiTTENHOUSE V, CrEASY.
would arise from their action on the subject, inasmuch as they
can act only in such a case. They need not record their motives
when they have jurisdiction to act. 2 Dill. Mun. Corp. 466 (2d
ed.) An attempt to agree with the owner must be made before
taking the land compulsorily. It is not asserted that the direc-
tors proceeded without first having made such effort; nor is the
motion for injunction put upon this ground. We may say in
passing, however, that there being no such averment, this pre-
requisite, for the purposes of the present contention, may fairly
be implied from the affidavit of the defendants as to the attempted
negotiations with Mr. Schleicher.
In what respect, then, does it appear that the defendants have
proceeded contrary to law? The chief ground of objection urged
against their action is, that the selection of this particular site
was not necessary, was inexpedient, and was an unreasonable
exercise of discretion, which a court of equity ought to restrain.
It is urged that such equitable interference would be justified by
the alleged fact that the district is already the owner of a lot in
the vicinity ample for the purpose required. We are not satis-
fied that, even if this fact were conceded, it would constitute an
equity upon which this bill, in its present form, could be sus-
tained. Whether it would sustain a taxpayers' bill, we need not
decide, for the reason that it does not appear that the plaintiffs
seek to interfere in that capacity. But beyond that, the fact is
not conceded. The defendants' affidavits assert that the lot
referred to is much too small for the requirements of the district,
and thus the averment of the bill, if not overthrown, is at least
counterbalanced, and the fact itself is left in doubt. This of
Itself would be sufficient to prevent the court from interfering.
"To warrant interference by injunction with the exercise by the
defendants of powers and discretion specially entrusted to them
by the Legislature, the case should be clear from doubt" Ford
V. West Pittston, 6 Luz. Leg. Reg. 54.
In the next place, it is claimed that the taking of this land will
seriously interfere with the trusts for which it was set apart by
the original donor; that it will be needed for church and burial
purposes; and that other equally eligible sites could have been
procured, the taking of which would have caused less inconveni-
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RiTTENHOUSE V. CrEASY. 1/
ence and hardship to the owners of the land. Whether the
directors have acted wisely in the selection of this particular site,
we shall not attempt to decide. They, and not the court, con-
stitute the tribunal in which the Legislature has vested the
discretion of selection. The court may decide whether their
proceedings are contrary to law, but when a chancellor under-
takes to pass upon the wisdom of their acts, he enters a domain
through which there can be no guide but individual judgment.
Many of the considerations which have been called to the atten-
tion of the court might well have been urged upon the directors,
and deserved from them the most careful attention ; but forcible
as these arguments may seem to us, we cannot say that the
directors acted contrary to law in disregarding them. In other
words, their decision is final and conclusive, and if we assume in
one case of apparent hardship to set it aside because our judg-
ment may differ from theirs, then we constitute ourselves a
tribunal of appeal, before which every case may be brought.
For this we can find no authority. This supreme right of eminent
domain, easy to understand in the abstract, but often difficult to
submit to in the particular case, has been vested by the Legisla-
ture in the directors, and with them must rest the responsibility
for all errors of judgment in its exercise.
The question for the court is, have they proceeded contrary to
law, or transcended their powers ? Confining ourselves closely
to this question, it is to be observed that, in the exercise of this
right in the method prescribed by law, the directors, in deciding
the question of expediency as between two or more sites, are not
confined by the statute in their selection to that one which will
cause the least inconvenience and hardship to private parties.
The right of eminent domain involves in its very existence the
possible suffering of private inconvenience for the public good, and
this \s a public use, for which land may be taken compulsorily.
Long V. Fuller, i8 Sm. 170. This land, although set apart by
the donor for the use of a considerable portion of the public for
religious and educational purposes, is, nevertheless, private prop-
erty, and is not, by reason of the trust, exempted, either in the
organic or statute law, from liability to be taken in the exercise
of this right, even though the appropriation thereof for a public
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1 8 RiTTENHOUSE V, CrEASY.
use might defeat the trust We do not say that the taking of
such property, as, for example, a church burial ground in actual
use, or enclosed as such, might not be accompanied by such
circumstances as to indicate beyond doubt a gross abuse of dis-
cretion which a court of equity would restrain. But such an
extreme case is not presented here. The taking of the proposed
ground will not defeat the trust for which the whole land was
set apart by the donor. The burial ground as in use and now
enclosed will not be disturbed, and the use of the church for
religious purposes will not be prevented.
Again, it is not, as would seem to be suggested by the bill,
made a condition to the exercise of this right by the directors
that they have been unable to obtain any other site by agreement
with the owners of the land ; neither does the law require them
to surrender the convictions of their own judgment upon the
matter to the wishes or judgment of even a large majority of the
taxpayers or patrons of the schools. All these are proper matters
for them to take into consideration in making their decision, but
in not permitting them to outweigh other considerations which
may operate upon their judgment, we cannot say that they have
clearly abused their discretionary powers, or have proceeded
contrary to law. Ford v. West Pittston. supra; i Dillon, 58.
We can readily understand and appreciate the sentiments which
have incited this opposition to the action of the directors, and
while we feel constrained to decide that their action, so far as
now appears, has not been in excess of their powers, nor contrary
to law, and is therefore beyond our control, yet we may suggest
to the defendants, acting as they do in a public capacity, the wis-
dom of carefully considering whether the requirements of the
district cannot be met without doing violence to the justifiable
wishes and sentiments of so large a portion of the community.
The motion to continue the preliminary injunction is denied.
Geo. R. Bedford and A. R. Brundage, Esqs., for plaintiffs.
G. H. Troutman and A. Farnham, Esqs., for defendants.
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NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporation." approved Apnl
29, 1874, and the supplements thereto, for the incorpo-
ration of an intended corjMjration, to be called '' 1 he
'Sugar Notch Co;il Company," the character and ob-
jects of which are the mining, preparing, shipping,
selling, purchasing, and otherwise dealing in anthracite
coal, and also the leasinj^, purchasing. and holding real
estate connected therewith.
E. P. & J. V. DARLING.
1-3 Solicitors.
LUZERNE COUNTY, ss;
In the Court of Common Pleas of said county.
I No. I, May term, 1881. Libel in divorce a vinculo
' matrimonii. Lavina Cooper, by her next friend, Thos.
iG. Williamson, v. Chas. Cooper. To Chas. Cooper —
Please take notice that the court has granted a rule on
you to show cause why a divorce a vinculo matrimonii
shall not be made and entered in favor of the libellant,
service of the subpoena having failed on account ot
your absence. Returnable on Saturday, January 13,
1883. at 10 o'clock A. M.
G. M. HARDING,
JOHN McGAHREN,
i-a Solicitors.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
JNo. 106, November term, 1882. Libel in divorce a
vinculo matrimonii. James Henderson v. Catharine
Henderson. The alias subpoena in the above case
I having been returned non est inventus, you, the said
(Catharine Hendeison,are hereby notifiecf to appear «t
said court, on Monday, February 5, 1883, at 10 o'clock
A. M., to answer the complaint therein filed.
WILLIAM O'MALLEV,
ALFRED DARTE.Jr., SheriflF.
Solici
^Ss sirs III ?Im
<J'J ^^\- u S^ !i-n 3l3
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olicilor.
2-5
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 63, November term, 1882. Libel in divorce a
vinculo matrimonii. Sarah Ann Elliot, by her next
friend, Elizabeth Holdsworth, v. James ^liot. The
alias subpoena in the above case having been returned
non est inventus, you, the said James Elliot, are hereby
notified to appear at said court, on Monday, the 5th
day of February, 1883, at 10 o'clock A. M., to answer
the complaint therein filed.
WILLIAM O'MALLEY,
ALFRED DARTE.Jr., Sheriff.
Solicii
Solicitor.
2-5
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 775, October term, 1882. Libel in divorce a vinculo
matrimonii. Matthew Harrison v. Margaret Harrison.
The alias subpoena in the above case having been re-
turned non est inventus, you, the said Margaret Harri-
son, are hereby notified to appear at said court, on
Monday, the 5th day of Feoruary, 1883, at 10 o'clock
A. M., to answer the complaint tnerein filed.
WILLIAM O'MALLEY,
F. C. MOSIER. SheriflF.
Solicitor. 2-5
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of John Hughes, will attend to the duties of his
appointment, at his office, on Franklin street, in the
city of Wilkes-Barre, on Saturday, January 27, 1883,
at 9 o'clock A. M.^ at which time and place all persons
having claims against said fund arc notified to present
the same, or be debarred from coming in on said fund.
JOHN T. LENAHAN
51-2 Auditor.
7
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PARTITION NOTICE. Y^RPHANS' COURT SALE.
In the matter of the partition of the real estate , \^ Estate of Abigail Barney, deceased. By virtue
of Ann P. Evans, late of the borough of Berwick, of an order of the Orphans' Court of Luzerne county,
Columbia county, Pennsylvania, deceased. |the undersigned will sell at public auction, at the Arbi-
Now, January 8th, 1883, inquest awarded as prayed 1 tration room, in the Court House, at Wilko-Barre, 00
for; returnable first day of next term, at two o'clock ! Wednesday , the 7th of February, 1883, at 10 o'clock
P. M. Service of notice on non-residents of the State] A. M., all the following tract of land in Jackson town-
shall be published in one newspaper published in the ship, being parts of lots Nos. 47, 49, and 51, in the first
city of Wilkes- Barre for three successive weeks, and a I tier of the fifth division of lots in Jackson township,
copy of each mailed to last known residence, and in beginning where the road leading from Henry Boone s
Luz. Leg. Register for same time. By the Court. |intersects the main road, thence along the middle of
To Mary Miller, nee Evans, and Sarah Miller, nee^the main road 42 perches toa comer, thence 41 perches
Evans, residing at Washington City, D. C. ; Julia | to the line of lots Nos. ^9 and 51, thence 19 perdies to
Kates, nee Smith, residing at Philadelphia, Pa. ; Tuliaia corner, thence 20 perches, thence 41 perches to the
Dodson, a minor, having Dr. Henry L. Freas, of the, line of lots Nos. 49 and 51. thence 44 perches to a cor-
borou^h of Berwick. Columbia county. Pa., is her |ner, thence to a comer, thence along the road 19 3-10
guardian, and all other parties interested — You will perches to a corner, thence 9 perches to a comer,
please take notice that in pursuance of the above order | thence 13 perches to a comer, thence 14 3-zo perches
of the Orphans' Court of said county J a writ of partition to the road, thence along the road to the beginning,
has issued from said court to the Sheriff of Luzerne containing 31 acres and 53 perches ; all improved, wiu
county, retumable on Monday, February 5th, 1883, at'an old log and frame dwelling house, wooden bam,
2 o'clock P. M., and that the inquest will meet for the 1 other outbuildings, orchard, and other improvements
purpose of making partition on Friday, February 2d, 'thereon.
i88q, at 12 o'clock M. of said day, upon the premises,! Tbrms of Sal« — One-third down, 50 per cent of
in the borough of Shickshinny, Luzerne county. Pa., t balance on confirmation of sale and delivery of deed,
at which time and place you ca'i be present, if you see and the balance, with interest from confirmation, a;^
proper. I follows: one-half^ In six months and one-half in one
The premises in question are described as follows: year from date of sale; unpaid balance to draw interest
A ceruin me^uage and tract of land situate in Shick-'and be secured by bond and mortgase on the premises.
shinny. Pa., bounded on the north by land of John M. I C. W. BOONE,
Stackhouse.onthesouth bylandof N. B.Crary,on the! H B PAYNE, Adm'r c. t. 1
east by the Lackawanna and Bloomsburg Railroad, on
the west by Main street in said Shickshinny, being 50
feet on Main street, and 180 feet in depth.
WILLIAM O'MALLEY
C. B. JACKSON, Sheriff.
Attorney. a-4
ORPHANS' COURT SALE.
Estate of John A. Harmon, deceased. By virti
of an alias order of the Orphans' Court of Luzer
Attorney. ^ ^ ^ 2-4 county, the undersigned will sell at public sale, at the
~ I front door of the old homestead house, in the township
ORPHANS' COURT SALE. |of Salem, on Tuesday, February 6, 1883, at 2 o'clock
Estate of Barnard Sharkey, deceased. By virtue. P. M., the following real estate, being purpart No. x,
of an order of the Orphans' Court of Luzerne county,' in the township of Salem, beginning at a heapof ston«ft
the undersigned will sell at public auction, at the Town 1 at the southwest comer of said tract, and from thence
Hall, in West Pittston, on Saturday, the 3d day of 247 perches to a stone comer, thence 104 perches and
February, 1883, at 2 o'clock P. M., the following real' 18 links to a stone comer, thence 246 percties and n
estate, to wit : ! links to a stone comer, tnence iii perches and 5 links
I. All that lot of land in West Pittston, beginning atlto the place of beginning, containing 149 acres and 64
a comer of Luzerne avenue and Warren street, running perches; excepting a small strip of land heretofore
thence along Warren street 125 feet to a corner, thence I given for road purposes ; about 49 acres being improv«
at right angles to Warren street 80 feet to a comer, cd, with good timber on the same; and the Inlanoe,
thence at right angles to Luzerne avenue 123 feet to a I or 100 acres, improved, with the following building
comer on Luzerne avenue, thence by said avenue 80 j thereon: one 2^-story dwelling house, one x ^-story-
feet to the beginning, containing 10,000 square feet of I house, one bam, and one other bam with shed attached,
1-^^ . .,11 i,^^,^,^A «.:*k « t^.^ -»^ — u^^u A — 11: — Que wagon house, com crib, and other outbuildings,
with two good apple orchards thereon and other fruit
trees.
Terms op Sale — One-fourth cash on day of sale^
land; all improved, with a two-story brick dwelling
house, with mansard roof, and outbuildings thereon.
2. All that lot of land in West Pittston. beginning at
a comer on an alley 125 feet distant from Warren ~. , — ,
street, thence parallel to Warren street by other land one-fourth on confirmation of sale, one-fourth in six
of Barnard Sharkey, deceased, 50 feet, thence parallel
to the said alley and along lana of Mrs. John Hughes
months, and the balance in one year, with interest oo
all unpaid sums from confirmation of sale to the lime
of payment, and all deferred payment to be secured by
bond and mortgage on the premises.
HENRY HARMON,
SOLOMON HARMON,
OSBORNE & ESPY, Administrators.
Atlomeys. a-4
/^RPHANS' COURT SALE.
60 feet to a comer, thence at right angles to said alley
50 feet to a comer on said alley, thence along said alley
60 feet to the beginning, containing 3,000 square feet
of land ; all improved.
3. All that lot of land in West Pittston, beginning at
a comer on line of lands of Mrs. John Hughes 125 feet
distant from Luzeme avenue, thence parallel to said
Luzerne avenue 45 feet to a comer of first described
lot, thence by same 5 feet to a corner, thence parallel V^ Estate of Ephraim R. Kittle, dec'd. By virtue
to Luzeme avenue 40 feet to a comer 5 feet distant, of an order of the Orphans' Court of lexeme county,
from land of Mrs. John Hughes, thence 5s feet to a there will be exposed to public sale, on Friday, Fcb-
comer of second described lot, thence by the same Simary 2, 1883, at 10 o'clock A. M., on the premises, in
feet to a comer on line of Mrs. John Hughes', thence Lehman township, all that piece of land in Lehman
by land of Mrs. John Hughes 60 feet to place of begiu-| township, bounded on the east by land of Isaac Cra^e,
nm^; all improved. lon the north by lands of Georae Cease and Josiah
Ibrms of Sale— One-fourth down, one-third of (Cease, on the west by lands of George Cease, Josiah
balance on confirmation of sale and delivery of deed, j Cease, and William Pollock, and on the south by the
and the balance, with interest from confirmation of^ township line, containing about 200 acres of (and ;
sale, as follows : one-half in six months and one-half about 50 acres thereof improved, with one frame dwd-
in one year from date of sale ; unpaid balance to drawl ling house and one frame bam thereon,
interest and be secured by bond and mortgage on the. Terms of Sale— I500 down on day of sale, and bsl-
premises. lance on confirmation of sale and delivery of deed.
CHARLES H. FOSTER, , WILLIAM E, KYTTLE,
H.B.PAYNE, Administrator. I M.CANNON, AdmhUstrator d. b. n.
Attomey. 2-4' Attorney. 9-4
8
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ORPHANS' COURT SALE.
Estate of Michael Miller, deceased. By virtue
ci an order of the Orphans' Court of Luzerne county,
die oodersigned will sell at public sale, on the premises,
inCoaynsham to%mship, on Fridar, February 2, 1883,
at 3 o'clock P. M., all that lot of land in Conyngham
township, boonded on the north by land of Daniel
Ciagle, on the south by land of John Andrews, on the
east by land of Abram Andrews, on the west by land
1^ Reuben Andrews, containing 54 acres, more or les*. ;
cxceptiog and reserving, however, out of the same one
acre and eight perches, sold to Adam Rockel by said
Michael Miller and wife.
Tbkms of Salb — faoo down, 25 per cent of balance
OS confirmation of sale and ddiver^ of deed, and the
balance, with interest from confirmation, one vear from
day <A sale : deferred payments to be secured by bond
and mortz^ze on the premises.
REUBEN NAGLE,
H. B. PAYNE, Administrator.
Attorney. a-4
ORPHANS' COURT SALE.
Estate of lliomas Benedict, deceased. In Re
Panibon of Real Estate. By virtue of an order ot the
Ofphans' Gourt of Luzerne countjr, the undersigned,
a Trustee appointed to make sale in said estate, will
sdl at public auction, at the Arbitration room, in the
Coort House, in the city of Wilkes*Barre, on Wednes-
day, February 7, 1883, at 10 o'clock A, M., the follow-
iag real estate, to wit :
c. AB that piece of land in Pittston borough, begin-
ning at a comer on Cornelia street, thence 124 feet to
comer ot purpart No. a, thence at ri^ht angles to first
fine about zoo feet to comer in back line of lot, thence
43 feet to comer, thence 138 feet to place of beginning ;
au OBproved, with a two-story dwelling house thereon.
a. All that piece of land in Pittston borough, begin-
tdag at a comer on Cornelia street and of purpart No. i ,
thence by said street 63 feet, thence 105 feet, thence 38
feet to corner ol purpart No. i, thence about too feet
to the beginning : all improved, with a two-story wood
dweilii^ bouse thereon.
3. All that piece of land in Pittston borough, begin-
ning at comer on Cornelia street, thence by said street
uo teet to a comer, thence 67 feet to a corner, thence
sa6 feet to a comer, thence 6»^ feet to the beginning ;
afi iaspfoved, with a two-story wood dwelling house
theteoe.
4. Ail that piece of land in Pittston borough, b^in-
wimg at a comer on Cornelia street, thence 60 feet to a
comer, tboBce 150 feet to a corner, thence 66 feet to a
COTBer, thence 150 feet to the beginning ; all improved,
with a two-story frame dwelling house thereon.
Tnucs OF SAiM—$aoo down, one-fourth of balance
is six months from day of confirmation, and balance in
one year fhmi confirmation of sale ; deferred payments
to (haw interest, and secured by bond and mortgage
eaihe premises.
CHARLES PUGH,
H. a PAYNE. Trustee.
Attorney. 3-4
ESTATE OF EDMUND GRIMES, LATE OF
Plymouth, deceased,
fritters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
th.:m for payment, and those indebted thereto will
please make immediate payment to
DAVID GRIMES,
GEO. W. SHONK, Adminbtrator.
Attorney. a-7
ESTATE OF EPHRAIM R. KITTLE, LATE
of Ross township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per*
sons having claims against the same will present them
for payment, and those indebted thereto will pleaso
make immediate payment to
WILLIAM E. KITTLE,
M. CANNON, Administrator d.b.n
Attorney. 3-7-
ESTATE OF JOHN BEHEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
, payment, and those indebted thereto will please make
immediate payment to
MERCY B. BEHEE,
L. D, SHOEMAKER, Executrix.
Attorney. a-y
ESTATE OF HIRAM GEORGE, LATE OF
Nanticoke, deceased.
Lecteis of administiation upon the above named
cRate having been granted to the undersigned, all per-
KMs having claims against the same will present them
fcr parent, and those indebted thereto will pl^ise
■take immediatf payment to
AMANDA GEORGE.
F. C STURGES, Administratrix.
Attorney. 3-71
ESTATE OF JANE MYERS, LATE OF
Ki^ston, decMsed.
Letters of administration upon the above named
ctfatc having been granted to the undersigned, all per-
HKB having claims against the same will present them
far ponrment, and those indebted thereto will please
Kake hDne<uaKe payment to
D. S. BENNET,
a-7 Administrator.
ESTATE OF CHARLES PIKE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims agsunst the same will present them
for payment, and those indebted thereto will please
make immediate payment to
BELINDA A. PIKE,
A. DARTE, Jr., Administratrix.
Attorney. a-7
ESTATE OF CORNELIUS DOUGHERTY,
late of Ashley, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per*
sons having claims against the same will present them
for pavmcnt, and those indebted thereto will please
make Immediate payment to
ELLEN A. CARLE,
2-7 Administratrix.
ESTATE OF JULIA M. TITCOMB, LATE
of Ashley, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
W. B. HARROWER,
2-7 Administrator.
ESTATE OF W. H. SPERRING, LATE OF
Wilkes-Barre, deceased.
Letters, testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereo>
will please make payment to
THOMAS SPERRING,
BENNETT & NICHOLS, Executor.
Attorneys. i-5
ESTATE OF HENRY SCHAEFER, LATE OP
Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILUAM SCHAEFER,
J. A. GORMAN, Administrator.
Attorney. «-#
Digitized by VjjOOQIC
T ICENSES.
LJ Notice is hereby given <hal the following persons
have filed their applications for license to keep hotels
and restaurants, and to sell liquor by the quart, in the
office of the Clerk of the Court of (Quarter Sessions of
the county of Luzerne, and that said applications will
be heard by the court on Monday, January sad, 1883 :
ASHLEY.
McGahren . . . Patrick McGovem
Hines Babtist Engle . .
J. L. L -^ .---?•. -
Bryson .
Gorman .
McManus
Gorman .
. Patrick Gallagher . .
BirrLBK TOWNSHIP.
. . Dennis O'Donnell . .
. . Bryan Martin ....
BLACK CREEK TOWNSHIP.
Lorenz Hossenflug . .
DORKANCE TOWNSHIP.
. . Henry Krouse ....
. Restaurant.
. By Quart.
Hotel.
, Restaurant.
, Restaurant.
. Restaurant.
FREELAND.
Hayes A. C. Heiney Hotel.
*• Frederick Haas .... **
T Lynch . . . Frank Gallagher .... Restaurant.
Hayes Libor Winter **
" John Hearon "
•' Alfred Defoy "
" Frank McShea
** Condy McCoole .... *'
'* Mauncc FeiTy By Quart.
** Louis Stindler *'
FOSTER TOWNSHIP.
Hayes Hueh & Thomas Elliott . Hotel.
. William Lorenz .... "
. John Richards **
. John Ferry Restaurant.
Austin Harvey ... •*
" Andrew McGheehan . . "
" Anthony Surman .... By Quart.
" Condy GaflFhey
. Philip Kennedy .... **
. Peter Timony **
. Condy Brennan .... "
HANOVER TOWNSHIP.
Hakes William Jones Restaurant.
HOLLENBACK TOWNSHIP.
Martin .... Paul Grover Hotel.
HAZLBTON.
Gorman .... Fred. Kepping . . . . Hoi
.... C. J. Volkenand .
" .... John Ballentine .
Kline Frederick Schaar .
** Michael McGerriiy . . .
Hahn Frank Orawitz Restaurant,
Kline Conrad Schugard .... "
*• John Lapp (1st) .... "
McManus . . . Michael Angelo .... "
... Michasl Kcllv
Bryson .... John Kennedy By Quart.
R. H. Wright .William J. Feldhoff . .
Gorman . . . . C. Kelley
McManus '"'
Halsey
Hayes.
Halsey
McManus .
. Thomas McHale .... "
HAZLB TOWNSHIP.
. Matthew Long By Quart.
KINGSTON.
. Francis Roth By Quart.
KINGSTON TOWNSHIP.
. John Moore Hotel.
. Adam Meisel "
. Harry A. Laycock ... **
. Patrick Hefferan .... ResUurant.
. 1. R. Thomas By Quart.
. Martin Moran *'
NANTICOKB.
J. Lynch . . . Lewis Hodges Hotel.
£. A. L . . . . Mary C. Elliott .... ResUurant.
Loop William Williams ...
" John Krywicki **
Hines Alfred Landy **
Chapin .... Robert Hols worth ... **
NEWPORT TOWNSHIP.
£. A. L . . . . Joseph Underwood . . . Restaurant.
PLTMOtTTH.
J. T. L . . . . Thomas Carter Hotel.
10
Bryson .
Reynolds .
B. &N .
McL. & J
Jenkins .
J. T. L .
McL. & J
J. T. L .
PLYMOUTH TOWNSHIP.
Magee .... William Allen Restaurant.
Shonk Charles E. Waters ...
" Andrew Brennan .... "
John McGowen .... By Quart.
PITTSTON.
M. M. Davis By Quart.
PITTSTON TOWNSHIP.
George Judge Restaurant.
PARSONS.
John McGavin Hotel.
Stephen Toolin Restaurant.
Buchanan & Rhodes . . By Quart.
SUGAR NOTCH.
John Elliott Hotel.
Peter Boice Restaurant.
Patrick Reilley By Quart.
WILKES-BAKRE.
George Fcrstenfeld . . . Hotel,
"acob Stitzer
ohn R. Kennedy . . .
ohn H. KneaHs ....
obert McCadden . . .
George Reudelhuber . .
George Rieder .....
{ohn Kinney
jnus Zoeller
Henry Rittenauer . . .
John Mailender ....
Andrew Hahn
Nicholas Rose .....
Bryan McManamin . . . Restaurant.
Jacob Geier "
Wendel Gransen .... "
A. Miller
George Russ *'
McL. & J ... C. A. Gaughan By Quart.
*• . . . P. F. Peoples
Strauss .... Lewis Lewith "
J. L. L . . . . William Griffiths ....
McCartney . . Wm. M. Miller ...
WRIGHT TOWNSHIP.
Harding, McG . George Carey Hotel.
Hines John Mackin .... ^ . By Quart.
JAMES R. EHRET, Clerk Q. S.
Also the following named persons:
HAZLBTON.
McManus . . . Daniel Duffy Restaurant.
" ... Peter Brady By Quart.
... Patrick B. Boyle ....
PLYMOUTH TOWNSHIP.
J. Lynch . . . Mary Keating Hotel.
Shonk Patrick Kelley .... Restaurant.
PARSONS.
O'Neill .... William Lawler .... Restaurant.
J.L. L .
Hughes .
Mahon .
i. Lynch
fahon .
Brundage
Jones
O'Neill . . . .
J. L. L . . . .
O'Neill . . . .
Campbell . . .
Coons & Shortz
Moore
McL. &J . . .
Robinson . . .
Cannon . . . .
Harding, McG .
Bauman . . . .
J. T. L . . . .
Evans . . .
Strauss . .
P., D. & F
J. Lynch .
1. T. L . .
Hahn . . .
Campbell
1-3
WILKES-BARRB.
. Lewis C. Engle Restaurant.
L. K. STRENG,
NOTICE IS HEREBY GIVEN THAT __
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by S. Salsberg,
and that said license will be asked for in the court
aforesaid, on Monday, January aad, 1883, at 10 A. M.
JAMES L. LENAHAN,
a-3 Solici tor.
N" OTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Samuel Silver-
man,and that said license will be asked for in the court
aforesaid, on Monday, January 2ad, 1883, at 10 A. M.
JOHN T. LENAHAN,
x-a ______ Solicitor.
OTICE ISHSEREBY given ~tHAf~AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Simon Silver-
man, and that said license will be asked for in ^e court
aforesaid, on Monday, January aad, 1883, at xo A. M.
JOHN T. LENAHAN,
z-3 Solicitor.
Digitized by VjjOOQIC
The Luzerne' Legal Register.
Vol. XII. Friday, January 19, 1883. No. 3.
®rpl)an3* dourt of Cujenu dountg.
Drake's Estate.
t . Where one secretly appropriates the funds of an estate placed in his trust and care, he is at least
a borrower, and must be dealt with as such, and not any longer as a trustee, so far as questions
of loss, interest, and compensation are concerned.
3. An unfaithful trustee is entitled to no favor. He stands exposed to every equity and every tech-
nical legal advantage which accrues to the cestui que trust.
3. An executor, administrator, guardian, or trustee who appropriates the trust funds to his own use
renden himself liable to removal ; to interest on the fund ; to make good the principal, although
lost : and to a criminal prosecution for emberzlement.
Exceptions to account of executor.
The opinion of the court was delivered January 11, 1883, by
Rhone, P. J. — The two exceptions relate to the one subject,
and are disposed of together. The exception is to the allowance
of any compensation for services, as the executor appropriated
the funds of the estate to his own use, and died leaving his estate
probably insolvent. There is no direct positive proof that the
executor either appropriated the estate to his own use, or that
his estate is insolvent, but both of these facts are fairly established
by plain inference from other facts clearly proven, such as these:
!. The inventory consists almost entirely of government bonds,
certificates of stocks, and of deposits in banks, with no offer to
turn them over in specie, or to account for their loss. 2d. That
this estate has been obliged to present its claim on the general
estate of the deceased executor for payment. 3d. That the
administrator of the deceased executor has allowed this estate
interest on the fund. 4th. That the personal estate of the deceased
executor is certainly insufficient for the payment of his debts,
Digitized by VjjOOQIC
20 Drake's Estate.
and that the real estate will probably not be of sufficient value to
make up the deficiency. We find, then, as matter of fact, that
the allegations set forth in the exceptions are true.
Where one secretly appropriates Jhe funds of an estate placed
in his trust and care, he is at least a borrower, and must be dealt
with as such, and not any longer as a trustee, so far as questions
of loss, interest, and compensation are concerned. Stehman's
Appeal, 5 Barr, 413; Dyott*s Estate, 2 W. & S. 566; Robinett s
Appeal, 12 Casey, 174.
An unfaithful trustee is entitled to r-o favor. He stands ex-
posed to every equity and every technical legal advantage which
accrues to the cestui que trust. Beck v. Uhrich, 4 Har. 503.
An executor, administrator, guardian, or trustee who appro-
priates the trust funds to his own use assumes fearful risks. Such
conduct renders him liable to removal ; to interest on the fund ;
to make good the principal, although lost; and to a criminal
prosecution for embezzlement. His ability or inability to replace
the fund, or the honesty of his intention, makes little or no
difference in the legal aspect of the case, for the mere act of
appropriation constitutes the offense, as it at least subjects the
estate to delay, litigation, and consequent damage. In the invest-
igation of his case, he is allowed no counsel fees for his defense,
and the costs of the proceeding are put upon him.
It needs no citation of authorities to establish these points, as
they are so very numerous, and the reasons of the law so obvious.
It must follow, then, as matter of course, that such a trustee canr
not be allowed any compensation for his services; for, instead of
being entitled to any reward, he justly merits punishment. Per-
haps if this deceased executor were present, he could explain this
matter so as to give it a different appearance, but we must dispose
of it as it is now presented.
We therefore sustain the exceptions, and refuse the credit of
$1,063.24 claimed for services, and direct that the costs of this
proceeding be paid out of the estate of the deceased executor.
Geo. B. Kulp, Esq., for exceptions.
J. Vaughan Darling and Geo. K. Powell, Esqs., contra.
Digitized by VjjOOQIC
Whitaker V, Thompson. 21
(Court of Common Iplms of Cujerne Countg.
Whitaker et al. v, Thompson et al.
1. The g^st of th« action against a bidder at a sheriff's sale, where the bid is not complied with, is a»
breach of contract.
2. If by sach breach of contract the plaintiff has suffered injury, he may recover damages therefor.
If he has mffered no injury, he can recover no damages.
3. Onr statutes of amendment are broad and liberal, but they are not boundless. A party cannot
btroducc as an amendment a new and different cause of action, when, by reason of the statute
of limitations, this would work an injury to the opposite party.
Motion for a new trial, &c.
The opinion ef the court was delivered January 2, 1883, by
Woodward, J. — This was an action to recover the sum of
^900, being the amount of difference between two bids for real
estate, sold by Aaron Whitaker, sheriff of Luzerne county, the
first sale having been made on the ist of June, 1872, for ^5,000,
and the second on the 8th of June, 1872, a week later, for jlioo^
There are several remarkable things about the case, to some of
which we propose to call attention:
1st. Nearly six years elapsed after the sheriff's sale before any
suit was brought to recover the $4,900, being the amount of the
difference between the two sales.
2d. It appears from the evidence that the building association,
named as the use party for whom the sheriff sues, never author-
ized or requested the sheriff to bring the suit; and furthermore,
that at the time the suit was instituted they were not parties in
any way interested, for the reason that their entire claim against
Sheridan, the defendant, had long before been fully paid.
3d. Sheriff Whitaker himself testifies that he never authorized
the building association, nor any other party, to bring the suit,
and that he had no knowledge of the existence of such a suit
until two weeks before the trial.
4th. At the time of the trial, on ihe 14th of September, 188 1,
or more than nine years after the sheriff's sale, on motion of
counsel for the plaintiffs, the names of certain alleged creditors.
Digitized by VjjOOQIC
22 Whitaker V. Thompson.
numbering over fifty, were allowed to be added as use parties,
and at the same time a disclaimer as to the building association,
the original plaintiffs, was put on record. Among these were the
names of J. B. Stark and E. A. Forrester. Both these gentlemen
were called as witnesses for the defendants, and both testified
that they were not creditors of Sheridan, and had not authorized
the use of their names as plaintiffs in the pending suit
5th. On the day before the first sale by the sheriff in this
county, the same real estate had been sold by the United States
marshal at Pittsburg, and had been bid off by Mr. Stark, the
attorney of certain creditors of Sheridan, and among them the
building association named as the use party in this suit. This
sale, of course, wiped out the title of Sheridan, and discharged all
liens and incumbrances existing at the time, so that on the day
of the sherifT's sale no interest or title could be conveyed by the
sheriff to the purchaser. Under the marshal's sale, by an arrange-
ment among the creditors, some Jl 11,000 of record liens were
paid and extinguished. The title of the defendant was an equita-
ble one merely, and no evidence was offered to show that his
interest was worth a larger sum than $11,000. The purchaser
at the marshal's sale and at the second sherifTs sale was the
same party.
In view of the facts thus briefly stated, we ought, before grant-
ing a new trial at the instance of the plaintiffs, to be fully satisfied
that some substantial and material error to their detriment was
committed at the trial.
The gist of the action is a breach of contract. If by this
breach the plaintiffs have been damaged, they undoubtedly may
recover damages ; but if, on the contrary, there has been no actual
injury suffered, we are at a loss to see upon what principle, either
of law or equity, they should be permitted to recover anything.
In the case of Holdship v, Doran (2 Pa. 15), which resembles
the present case very nearly, the Supreme Court say: "There are
some acts so wicked in themselves, or so contrary to an express
legislative provision, that any person may prosecute the perpe-
trator, and punish him by indictment; and some in which any
informer may sue in a civil action, and recover a penalty pre-
scribed by law. But the fact of bidding at a sheriff's sale is not
Digitized by VjjOOQIC
Whitaker v. Thompson. 23
one of these; it is in the law a mere breach of contract. The
bidder may be sued for the amount of his bid by the sheriff, and
be compelled to pay it. in some cases, though not always; or he
may, in some cases, though not in every possible case, be liable
for the difference, if the land is sold a second time, and for a less
sum. His breach of contract is as great, though the land sells
for more at a second sale, and yet in such case he is not liable
for damages, for there are none. It is not, therefore, the omission
to pay, but the injury consequent on such omission, which sub-
jects him to damages. Th^,^' plaintiff must then be, either the
sheriff — ^and he is the proper olaintiff; or, if any other can sue, it
must be a plaintiff who can prove that he has sustained damage.
I do not know any case, except that of a penalty by positive law
to an informer, in which a civil suit can be sustained by a person
with whom no contract has been made, and who has sustained
no injury.** And again, in the same case, the court say: "There
is no ground for the assertion that in every case the bidder who
does not pay is liable for the amount of his bid, or for the differ-
ence of price, if sold for less. His liability may exist, or not
exist, according to the facts of the case. Whatever will set aside,
and does set aside the sale, discharges the bidder from paying
the bid, and from paying the difference if sold afterwards for less."
What we have already said disposes, we think, of all the ques-
tions raised by the reasons filed for a new trial, except that con-
tained in the point of plaintiffs numbered iv. This point is as
follows : "Although it may appear that all the creditors of Patrick
Sheridan who had liens on this property at the time it was sold
have since been paid, yet plaintiffs are even then entitled to recover
for use of defendant, Patrick Sheridan, if for no other person."
As we have already stated, this action was brought originally,
not in the name of the sheriff, but for the use of a single creditor,
viz.: The Wyoming Savings and Building Association. Their
right of action accrued at the time of the second sale by the
sheriff, or on the Sth of June, 1872. At the time of trial, on the
14th of September, 1881, more than nine years later, the counsel
for the plaintiffs ask leave to disclaim as to the building associa-
tion, and put upon the record the names of some fifty new parties
as use plaintiffs. The name of Patrick Sheridan is not among
Digitized by VjjOOQIC
24 Whitaker V, Thompson.
the number, and he nowhere appears as a party to these proceed-
ings, and there is no evidence in the case to show that he has
sustained any loss or injury by reason of the failure. of the party
purchasing at the sheriflTs sale to comply with his bid. On the
contrary, the case of the plaintiffs themselves discloses the fact
that there were some fifty lien creditors who, on their theory of
the case, would be entitled to the fimd now sought to be recov-
ered before the defendant himself could have any claim upon it.
This, in connection with the fact that the amount of these liens
far exceeds the $^,goo, for which 'the suit was brought, would
seem to estop and preclude the plaintiffs from making the point
upon which we were asked to charge the jury.
But aside from all this, we are now prepared to go further than
we were willing to go at the time of the trial, and to hold, as
matter of law, that the claims of all these creditors, exclusive of
the building association, were barred by the statute of limitations.
Our statutes of amendment are broad and liberal, but they are
not boundless. We may say, in the language of our Supreme
Court in Kille v. Ege (i Norris, no), "while due effect should
be given to the statutes authorizing amendments, yet care must
be taken that they be not so used as to pervert their true spirit.
. . . The so-called amendment was not the addition of names
omitted through mistake, nor of parlies holding any joint interest
with the original plaintiffs. There was no privity of title or
interest between them. They were strangers to each others
claim. The substitution was not authorized by the statute," etc.
In Trego v, Lewis (8 P. F. S. 469) the language of the court is:
"Undoubtedly the court will never permit a party to shift his
ground, or enlarge its surface, by introducing a new and different
cause of action, especially when by reason of the statute of limi-
tations ... it would work an injury to the opposite party."
See, also, Kaul v, Lawrence, 23 P. F. Smith, 416. In Leeds v,
Lockwood (3 Norris, 73) the offer was to amend by substituting
a new description of the land referred to in the ejectment writ.
The court, while holding that the amendment should have been
allowed, indicate the duty of the court in charging the jury by
saying, that " as the amendment will necessarily substitute a tract
of land entirely different from that described in the writ, it cannot
Digitized by VjjOOQIC
Sampsell V, Bloss. 25
be permitted to relate back to the commencement of the action,
and thus affect the rights the defendants might otherwise have
under the statute of limitations.'*
We are of the opinion, therefore, that the third point of the
defendants should have been affirmed. This point is in the fol-
lowing words: "All other use parties, except the Wyoming
Building and Loan Association, to this suit having been added
)resterday, and this being more than six years after the right of
action in this case accrued, under the evidence there can be no
recovery, and the verdict must be for the defendants."
Two of the reasons assigned for a new trial have reference to
the admission of testimony in regard to the marshal's sale. No
point was submitted to the court, however, by the plaintiffs on
this subject. In plaintiffs' fifth point the fact of the marshal's
sale is assumed and admitted, and we are asked to say that be-
cause defendants had notice and knowledge of such a sale, they
should have applied to have the sale by the sheriff set aside.
Besides, we are of the opinion that, under the circumstances, the
evidence was admissible for the purpose for which it was offered.
After a careful consideration of all the reasons assigned for a
new trial in this case, we feel compelled to deny the motion.
The rule for a new trial is discharged.
John McGahren and Wm. P. Ryman, Esqs., for plaintiffs.
S. B. Price, Esq., for defendants.
(fiottrt of Common Ipleoa of Cnjeme (Eountg.
Sampsell v. Bloss.
Certiorari— Atiachment execution.
Kji./a. and attachment cannot isrue on same day. A return of nulla bona must precedo attachment.
The opinion of the court was delivered November 20, 1882, by
Rice, P. J. — The plaintiff in error is not in position in this
case to attack the original judgment He was duly summoned
and appeared, and the justice had jurisdiction of the cause of
Digitized by VjjOOQIC
26 Sampsell V, Bloss.
action. If the proceedings were irregular, it was his duty to
have taken out his certiorari within twenty days. Not having
done so, the judgment stood good as against him, and the fact
that an attachment execution issued subsequently does not open
up to review the regularity of the judgment upon which it issued.
The first, second, third, fifth, and sixth exceptions are overruled.
The fourth exception is that there was not a return of nulla
bona before the attachment execution issued. This exception is
well taken. In the first place, John Bloss had not been served
with the original summons, and no valid judgment had been
entered against him which would warrant the joining of him as
a defendant in the fi, fa. In the second place, the fi. fa. and
attachment issued on the same day, July 15th, and both were
returned on the same day, July 17th. This was irregular. A
return of nulla bona must precede the issuing of an attachment
by a justice. Act of April 15, 1845, § 2, P. L. 459; P. D. 866,
pL 1 14; Hagarty v. Seitzfnger, i Luz. Leg. Reg. 109; Masters %f.
Turner, 2 Id. 185.
The seventh exception is also well taken. The attachment
was issued by John Bloss. But he was not the plaintiff in the
judgment. On the contrary, he was one of the defendants in the
original suit There is nothing on the record to show that he
had become the owner of the judgment, or that he even had
acquired an equitable title thereto by payment as surety. We
do not understand how he could issue an attachment against his
co-defendant thereon.
The fourth and seventh exceptions are sustained, and the
attachment proceedings are reversed.
Messrs. Dickson & Atherton, for plaintiff.
B. M. Espy, Esq., for defendant.
Young women read, with ill-concealed envy, that a Kansas
widow has just come back from the funeral of her sixth husband.
A Boston singer stopped warbling and requested the removal
of a crying youngster. Some singers can't tolerate a rival in the
same house.
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of Martin Williams, deceased. By virtue
of aa carder of the Orphans* Court of Luzerne county,
the Badnugaed will sell at public sale, on the premises,
in the borough of Pittston. on Tuesday, the 13th day
of Fcbfuarv, 1883. at 2 o'clock P. M., all those lots of
la»d, boun^d and described as follows, to wit :
X. Begjnmng at a comer on the northerly side of
Parsonage street, also a comer of land of John R.
South, thence along said Smith's land in a northerly
ORPHANS' COURT SALE.
Estate of Abigail Barney, deceased. By virtue
of an order of the Orphans' Court of Luzerne counter,
the undersigned will sell at public auction, at the Arbi-
tration room, in the Court House, at Willces-Barre, on
Wednesday, the 7th of Febmary, 1883, at 10 o'clock
A. M., all the following tract of land in Jackson town-
ship, being parts of lots Nos. 47, 49, and 51, in the first
tier of the nflh division of lots in Jackson township,
„ , I beginning where the road leading from Henry Boone s
<firectioa 19 feet to a point, thence in a northwesterly ; intersects the main road, thence along the middle of
dbectioo alozts other lands of Martin Williams, dec'd, the main road 43 perches to a comer, thence 41 perches
~ ~ to the line ot lots Nos. ^9 and 51, thence 19 perches to
a comer, thence 20 perches, thence 41 perches to- the
line of lots Nos. 49 and 51, thence 44 perches to a cor-
ner, thence to a comer, thence along the road 19 3-zo
perches to a corner, thrnce 9 perches to a comer,
thence 13 perches to a comer, thence 14 3-10 perches
to the road, thence along the road to the beginning,
containing 31 acres and 53 perches ; all improved, with
an old log and frame dwelling house, wooden bam,
<9 feet to a comer of lands of Chester R. Patterson
and of Patrick Finerty, dec'd, thence along said Pat-
terson's land in a southerly direction 78 feet to a comer
on Parsonage street, and tnence along Parsonage street
in an eaateHy direction 56 feet to the place of begin-
inng, containing 3.000 square feet of land, more or less ;
ay improved, with a small one-story frame dwelling
honse, with kitcben attached, and fruit trees thereon.
a. Beginning at a corner of other land of said Martin
WSKams, deceased, also a comer bf land of John R.jother outbuildings, orchard, and other improvements
Smith, thnence along said Williams' land in a westerly thereon.
<firectton 69 feet to a comer of lands uf Chester R. Pat-| Terms of S^lh — One-third down, 50 per cent of
00 und of Patrick Finerty, deceased, thence alongl balance on confirmation of sale and delivery of deed,
1 Finerty's land in an easterly direction 41 feet to a! and the balance, with interest from confirmation, as
Bcr of land of John R. Smith aforesaid, and thence follows : one-half in six months and one-half in one
aloeg said Smith's land in a southerly direction 61 feet'year from date of sale ; unpaid balance to draw interest
fo xhc place of beginning, containing 1,8 x> square feet and besecured by bond and mortgage on the premises.
of land, more or less; all improved, with two small C. W. BOONE,
ootbuildiogs and fmit trees thereon. H B PAYNE, Adm'r c. t. a.
Teems op Salb — One-half of purchase money down Attorney. a-4
oa day of sale, and balance on confirmatio.i of sale and' "~
<khvery of deed.
MICHAEL E. COLLIER,
HOSIER, Administrator.
F. C.
ORPHANS' COURT SALE
Estate of John A. Harmon, deceased.
, By virtue
of an alias order of the Orphans' Court of Luzeme
Attorney. 3-5 county, the undersisned will .sell at^ublic sale, at the
j front door of the old homestead house, in the township
ORPHANS' COURT SALE. |of S.ilera, on Tuesday, February 6, 1883, at a o'clock
Estate ot Barnard Sharkey, deceased. By virtue 1 P. M.. the followin|^ real estate, being purpart No. i,
of aa order of the Orphans' Court of Luzeme county, |in the township of Salem, beginning at a heap of stones
Che oadersi^ned will sell at public auction, at the Town I at the southwest comer ot said tract, and from thence
Hail, in West Pittston, on Saturday, the 3d day of 247 perches to a stone corner, thence 104 perches and
Fdmiary. 1883, at a o'clock P. M., the following r<»d 18 links to a stone comer, thence 246 percnes and ii
csoLte, to wit : 'links to a stone comer, tnence iii perches and 5 links
X. All chat lot of land in West Pittston, beginning atUo the place of beginning, containing 149 acres and 64
"" perches ; excepting a small strip of land heretofore
given for road purposes ; about 49 acres being improv-
ed, with good timber on the same; and the balance,
or 100 acres, improved, with the following buildings
thereon: one 2j4-story dwelling house, one iJ4-story
house, one bam, and one other bam with shed attached,
one wagon house, com crib, and other outbuildings,
with two good apple orchards thereon and other fruit
trees..
Terms op SALS^One-fourth cash on day of sale,
one-fourth on confirmation of sale, one-fourth in six
months, and the balance in one year, with interest on
all unpaid sums from confirmation of sale to the time
a comer <^ Luzeme avenue and Warren street, ranning
ck<aBoe along Warren street 125 feet to a comer, thence
ax right an^es to Warren street ^ feet to a comer,
ckcscc at right angles to Luzeme avenue 123 feet to a
coraer on Lucerne avenue, thence by said avenue 80
feet to the beginning, containing 10,000 square feet of
badj aQ inproved, with a two-story bnck dwelling
hoase, with mansard roof, and outbuildings thereon.
a. An tliat lot of land in West Pittston. bq^inning at
a comer on an alley 125 feet distant from Warren
•sreet, thence parallel to Warren street by other land
of Barnard Sharkey, deceased, 50 feet, thence parallel
ID the said alley and along lana of Mrs. John Hughes
60 feet to a comer, thence at right angles to said alley of payment, and all deferred payment to be secured by
bond and mortgage on the premises.
HENRY HARMON,
SOLOMON HARMON,
OSBORNE & ESPY, Administrators.
Attorneys. 2
y> feet to a comer on said alley, thence along said alley
60 feet to the beginning, containing 3,000 square fieet
of laikd ; att improved.
3. AH that lot of land in West Pittston, beginning at
a con^r on liae of lands of Mrs. John Hughes 125 feet
disaBt firom Luzeme avenue, thence parallel to said
Loacrae av^ue 45 feet to a coraer of first described;
lot, th«»ce by same 5 feet to a comer, thence parallel , V-/ Estate of Ephraim R. Kittle, dec'd. By virtue
to Laieme avenue 40 feet to a comer 5 feet distant! of an order of the Orphans' Court of Luzerne county,
feo«n Uod of Mrs. John Hughes, thence 55 feet to a 'there will be exposed to public sale, on Friday, Feo-
cer»erof second described lot, thence by the same 5|ruary 2, 1883, at 10 o'clock A. M., on the premises, in
feet to a comer on line of Mrs. John Hughes', thence' Lehman township, all that piece of land in Lehman
by land of Mrs. John Hughes 60 feet to place of begin- township, bounded on the east by land of Isaac Cragle,
ORPHANS' COURT SALE.
Estate of Ephraim R. Kittle, dec'd.
all improved.
RMS OP Sale — One-fourth down, one-third of
I co n f ir mation of sale and delivery of deed.
on the north by lands of George Cease and Josiah
Cease, on the west by lands of George Cease, Josiah
Cease, and William Pollock, and on the south by the
ishii
and the balance, with interest fh>m confirmation of , township line, containing about soo acres of land;
ii«e, as feUovs : one-half in six months and one-half ; about 50 acres thereof improved, with one frame dwel-
ta one year £rom date of sale; unpaid balance to draw • ling house and one frame ham thereon.
QCerest and be secured by bond and mortgage on the{ Terms op Sale — ^^500 down on day of sale, and bal-
Breatfes, ance on confirmation of sale and delivery of deed.
CHARLES H. FOSTER, I WILLIAM E. KYTTLE,
H. B. PAVNE, Administrator. M.CANNON, Administrator d. b. n.
Attorney. 2-4' Attorney. 2-4
II
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Entate of Theodore T. Hale, dcc'd. By virtue
oi an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public auction, on the
premises, in the borough of Yatesville, on Tuesday, the
13th day of February, 1883, at 9 o'clock A. M., all the
surface of those lots of land, bounded and described as
follows, to wit :
X. Banning at a comer at the intersection of Main
street and alley No. 3, thence along said alley 8 perches
to a comer, thence xo perches to a comer, thence 8
perches to a comer on Main street aforesaid, and
tbence along Main street xo perches to the place of
beginning, containins 80 square perches of land, being
loa x8 and 10 on T. T. Hale's plot of Yatesville.
3. Beginning at a comer at the intersection of alleys
Nos. 3 and ^, thence along said alley 94% perches to a
comer on alley No. a. tbence along saia alley about 6
perches to a comer of land of the Peiuuvlvania Cual
Company, thence along the said company s land about
a6 perches to a comer on alley No. 3 aforesaid, and
thence along said last mentioned alley ix 3-10 perches
to the place of banning, being loU Nos. 33 and 34 on
the plot of lots aforesaid.
Terms of Salb— One-half of purchase money down
on day of sale, and balance cm confirmation of sale and
delivery of deed.
SARAH R. HALE.
F. C. MOSIER, Administratrix.
Attorney. 3-5
ORPHANS' COURT SALE.
Estate of Philip Weiss, deceased. By virtue
of an alias order of the Orphans' Court of Luzerne
county, there will be exposed to public sale, on the
premues. in Conyngham township, on Saturday, the
3d day 01 February, 188^, at la o'clock M., the follow-
ing real estate, which, oy authority of the court, has
been divided into purparts, as follows :
Purpart No. x. B^innin^ at a comer in the bank of
the Susquehanna river, thence 76 4-10 perches, thence
ao 8-xo per., thence a6 6-xo per., thence 3a 7-10 per.,
thence 56 6-10 perches, thence 108^ perches, thence
34^ perches, thence lao perches to the Susquehanna
river, thence up said river to the comer, the place of
beginning, containing loa acres and 133 perches, with
a frame dwelling, bank bam, stable, and outbuildings
thereon ; reservmg out of the same a church lot, and
the right of wav of the land now used and secured by
the North and West Branch Railroad Company.
Purpart No. a. Beginning at or near the church lot,
thence 133 4-10 perches, thence 176 perches, thence 75
perches, tnence 60 perches, thence 56 perches, thence
xo85i perches to the place of beginning, containing X07
acres and 35 perches ; on which are erected a dwelling
house, stable, and outbuildings.
Purpart No. 3. Beginning »t a comer, thence 75
perches, thence 94 perches, thence 90 4-xo perches,
thence 78 perches, thence 50 percnes, thence 176
perches to the place of be|^nning, containing 74 acres
and xiQ perches; on which are erected a awelling
house, house, stable, and outbuildings; about 50 acres
of good timber.
Tbrms op Sale — 1300 down, as per cent of balance
on confirmation of sale and ddivcry of deed, and the
balance, with interest from confimiation, in one year
from confirmation ; deferred payments to be secured
by bond and mortgage on the premises.
BENJAMIN EVANS,
C. B. JACKSON, Administrator.
Attorney. 3-5
ORPHANS' COURT SALE.
Estate sf John Bovey, deceased. By virtue of
an order of the Orphans' Court of Luzerne county, the|
undersigned will sell at public sale, at the Art>itration
room, in the Court House, in the city of Wilkes- Barre,
on Tuesday, February 13th, 1883, at 3 o'clock P. M.,
all that lot of land in the city of Wilkes-Barre, begin-
ning at a comer of lot No. i of J. Sparvo's plot on
Hickory street, thence in a southwesteny direction
mnning along Hickory street 37)^ feet more or less to
lot No. 3, owned by Greesy, thence in a northwesterly
direction by the said Greesy's line 90 feet to the Lehigh
12
and Susquehanna Railroad, thetioe in a northeasterfr
directioo along said railroaJd 37^ feet to J. Spargo^
line, and thence In a southeast«iy direction ak»g saJd
Spaigo's line 90 feet more or less to the place of bcgiik-
ntn|(, containing 3,375 square feet of land, more or loss ;
all improved^ witn one two-story frame dwelling htma^
and outbuildings thereon.
Tbkms of Saue— laoo down, and the balance upoo
confirmation of sale and delivery of deed.
JOSEPH BOVEY,
GEO. K. POWELL, Administrator.
Atiomey. 3-5
ORPHANS' COURT SALE.
Estate of Michael Miller, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public sale, on the premises,
in Conyngham township, on Friday, February 9, X883,
at a o'clock P. M.. all that lot of Land in Con^ngliam
township, boundea on the north by land of Danid
Cragle, on the south by land of John Andrews. 00 the
east by land of Abram Andrews, on the west Dy IsAd
of Reuben Andrews, containing 54 acres, more or lesa ;
excepting and reserving, however, out of the same ooe
acre and eight perches, %<Ad to Adam Rockel by said
Michael MHler and wife.
Tbrms of Salb— |;aoo down, as per cent of balance
on confirmation of sale and delivery of deed, and the
balance, with interest from confirmation, ooe year from
day of sale ; deferred payments to be secured by bond
and mortgage on the premises.
REUBEN NAGLE,
H. B. PAYNE, AdminUtraior.
Attomey. a-4
ORPHANS' COURT SALE.
Estate of Thomas Benedict, deceased. In Re
Partition of Real Estate. By virtue of an order ot die
Orphans' Gourt of Luzeme county, the undersigned,
a Trustee appointed to make sale in said estate, will
[sell at public auction, at the Arbitration room, in the
Court House, in the city ot Wilkes-Barre. on wednes>
day, Febmary 7, 1883, at 10 o'clock A. M., the follow-
ing real estate, to wit :
I . All that piece of land in Pittston borough, begin-
ning at a comer on Cornelia street, thence 124 feet to
comer of purpart No. a, thence at ri^ht angles to fixst
line about zoo feet to comer in back line of lot, thence
a feet to comer, thence 138 feet to place of beginning;
1 improved, with a two-sicMy dwelling house thereon,
a. All that piece of land in Pittston oorough, begin-
ning at a comer on Comelia street and of purpart No. x.
tbence by said street 62 feet, thence 105 feet, thence 88
feet to comer of purpart No. x, thence about too feet
to the beginning ; all improved, with a two-story wood
dwelling house thereon.
3. All that piece of land in Pittston borough^ bcgi»-
ning at corner on Comelia street, thence by said street
lao feet to a comer, thence 67 feet to a comer, th«»ce
106 feet to a comer, tbence 68)4 feet to the beginning ;
all improved, with a two-sto^ wood dwelling house
thereon.
4. All that piece of land in I^ttston borough, bqrixi.
ning at a comer on Comelia street, thence 66 feet to a
comer, thence 150 feet to a comer, thence 66 feet to a
comer, thence 150 feet to the beginning - all improved,
with a two-story frame dwelling nouse thereon.
Terms of Sala— $aoo down, one-fourth of balance
in six months from day of confirmation, and balaxice ia
one year from confirmation of sale ; deferred payments
to draw interest, and secured by bond and mortgage
on the premises.
I CHARLES PUGH,
' H. B. PAYNE, Trustee.
j A tt omey. a-4
N^
application for a license to peddle on foot ham
OTICE IS HEREBY GIVEN THAT AN
appli
been filed in the office of the Clerk of the Court ot
Quarter Sessions of Luzerne county by S. Salsbeig^
and that said license will be asked for in the court
aforesaid, on Monday, January aad, 1883, at to A. M.
3-3
JAMES L. LENAHAN,
Solicitor.
Digitized by VjjOOQIC
SHKRirrS SALES.
Abscnct uf pmpeily to be sold bv Wm. O'Mallty,
SktxiS cf Laxawc countjr, oa Satunky, February lo,
A. D. 1883, at 10 o'clock A. M., at the Arbitratkm
woom, IB the Court House, WUkea-Barre, who will
paocced with the different properties in the order in
wUch they are numbered, to wit :
I
Suit of the Empire Building and Loan Association
▼. WiUiam R. Herbert.
53 Februraxy term, 1883. Debt, |8oo. FI. &. xs
F^iruary term. 1883. D. S. Bennet, Att'y.
All that tract of land in the city of Wilkes-Barre,
bounded on the east by lot now or late owned by
Daniel Thomas, on the west bv Smith street, on the
north by Black man street, and being 50 feet front on
Bkckman street, and 133 feel in depth ; all improved^
with a two-ctory frame dwelling house lAd outbuildings
ginning in a line of B. A Bidladc's estate, thence t$
3-IO perches to a comer, thence 7 8-zo parches to m
comer, thence 14 perdies to a comer, thence 8 rods to
the bqpnning, containing about three>quarters of an
e or land, being part of lot No. 5 in the fouith divi-
sion of the certified township of WUkes-Barre. 3-5
Smt of the Empire Building and Loan Association
r, Lewis S. Jones.
9*3 September term, 1878. Debt, fx.335.66. Fi. fa,
13 February term, 1883. D. S. Bennet, Att'y.
All dkat loc of land in the city of Wilkes-Barre, bo-
on Market street at a comer of lot No. 3,
along said lot 195 feet to a comer on an alley,
£ along said alley 50 feet to a comer of lot No. 5,
thence along said lot 195 feet to Market street, thence
aloM said street 50 feet to the place of beginning, be-
ing hot No. 4, in block No. 4, on plot of lots of A. C.
Laa^V, deceased ; all improved, with one large two-
ttorytaame dwelling house fronting on Market street,
two two-story frame dwdluiff houses on rear end of lot,
oodmiUfin^, outhouses, and fruit trees thereon.
S
Suit of Jooea Oark v. C. M. Derii^er.
4^ June term, 1880. Debt, ^53.10. Vend. ex. s
FMjary term, i88p. Bedford, Att' v.
AU those tracts of land in the townships of Suganoaf
and Black Creek, viz. :
1. Two coatifuous tracts in the warrantee names of
Job Rope and Samuel Rope, bounded by tracts in the
warrantee names of William Gray, Samuel Stephens,
Joha Roat, Leonard Rope, John Rope, Levi Rope,
and Henry Lebo^ containing 745 acres, more or less.
a. Three contiguous tracts in the warrantee names
of Joseph Brown, Bobert Brady, and John McGown.
hqpndfd by tracts in the warrantee names of David
Hamaton, Samuel Blair, James Davis. John Allen,
Smoo Rope, Simpson Rope, John Duniap, William
Stewart, and James McNcal, containing i,aoo acres,
more or less.
4
Suit of Isaac M. Thomas and Ellen E. Thomas,
Executors of Jesse Thomas, dec'd, v. Calvin Wadhams
and Akeacaader Famham.
<96 Ocxober term, i88a. Debt, 17,7^.86. Lev. fe.
19 February term. 1883. Darlings, Att'ys.
All that tract of land in the township of Plains, be-
tji i ffg at a point in the center of the |Hiblic road lead-
ing from Wukcs-Barre to Miner's mill as now used.
*^**^ ilL^A^!^^!^ il?c* ZT^ ^.!rJi!i^^hIi^i estate, at wWch time all pcraoMinteresied shall attend,
iTioer, «*«^«»^ J95 f^^ f^TrAm^^v •<■ ^^^y *«« «»' »"d present their cUdms against saiJ
ton to tbelhomas iron Company ^.../nr f»r^v*.r tk!.r»of»^r K* A^h^r^^A f«?rn ^«iin«
ESTATE OF MARTIN GURL. DECEASED.
In Orphans' Court of Lucerne county. In Re
Petition of James J. Moran for specific performance.
Luzerne County, ss : The Commonwealth of Penn*
sylvania : To Bridget Gurl (widow), Mariah Scanlon,
Bridget O'Donnell, Sarah Collins, Julia O' Boyle,
James Gurl, TilUe Gurl (children), and Martin Gurl,
Sr. (Administrator) : We command 3rou,and every and
all of you, that, laying aside all business and excuses,
'ou be and appear in your proper person before our
udge of the Orphans' Court, to be bolden at Wilkes-
iarre, in and for the county of Luzeme, on Monday,
the ^th day of February', 1883, to answer said bill or
petition exhibited in our said court, and do further and
receive what our said court shall nave considered in
that behalf. Hereof fell not at your peril and the pen-
alty that may ensue.
Witness the Honorable D. L. Rhone, Judge of our
said court, at Wilkes-Barre, this 9th of January, 1883.
J08SPU Ubnulbk, Clerk O. C,
Per B. M Chart, Ass't.
To the said Mariah Scanlon— The citation, of which
the above is a copy, is hereby, by order uf the said
Orphans' Court, served upon you by publication, and
you are hereby notified to be and appear before the
said the Orphans' Court of Luzeme county, on the 5th
day of February, 1883, to answer the bill or petition of
the above named James J. Moran, as in citation you
are commanded.
R. W. ARCHBALD,
3-5 Attorney.
ESTATES TO BE AUDITED BY THE
Orphans' Court of Luzeme county. Notice is
hereby given that accounts have been filed and con-
firmed absolutely by the court in the following estates :
1. John P. Fell; W. S. Parsons, Administrator ; 6th
February, 1883.
a. George Peck ; George M. Peck and L. W. Peck,
Executors ; 7th Februaiy. 1883.
^. Eufana Marcy ; B. M. Espy, Administrator c.t.a. ;
7th February, 1883.
4. Thomas Davis ; Morgan B. Williams, Adminis-
trator c.t.a. d.b.n. ; 8th February, 1883.
5. Edward Chapman; E. E. Hoyt, Administrator;
9th February, 1883.
6. S. H. Puterbaugh; I. T. Puterbaugh, Executor;
9th Febrtiary. 2883.
7. Eliza Sickler; Earl Sickler, Administrator ; lath
February. 1883.
8. Joseph Brittain; D. L. Chapin, Administrator ;
tath February, 1883.
The accounts enumerated and designated in th4
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
^ong line of lands set off to' the Thomas Iron Company
771 a-io fe«t to a comer, thence 105 feet to a comer in
ite center of a projected road 50 feet wide, thence by
dK center Koe of said projected road 1,19^ feet to the
ceater of the above mentioned public road to Miner's
mill, thokce by the center of the last mentioned road
the ibtloving courses and distances 219 feet, thence
tu 3-10 feet, thence 58 4-zo feet, thence 55 8-10 feet,
thence 270 feet to the place of beginning, containing 15
acres and xo6 7-10 perches, strict measure ; reserving
ooai; all improved, with 18 dwelling houses. $ bams,
Slid other outhouses thereon.
S«ti of Use of Spencer W<
back.
Vorden v. John M. Hollen-
estatc, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER.
3-5 Qcrk 0. C.
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisemenu in the following estates
have been approved nisi by the Orphans' Court of
Luzeme county, and, unless exceptions are filed, will
be presented for final approval on Monday, the 5th
day of February, 1883 :
Milton Smith, Jared R. Baldwin, Jonathan R. Wil-
iliams, Benjamin Saylor, Charles Noelke, and James
4 C. Ho wells, deceased.
. , ^ y. I JOSEPH HENDLER.
All that lot of land in the city of Wilkes-fearre, be- '3-5 Clerk O. C.
13
^ May term, 188a. Debt, $38.73. Vend. ex.
Fcaniary term, 1883. C. Wadhams, Att'j
Digitized by VjjOOQIC
direction by the said Greesy's line 90 feet to the L«hidi
and Susquehanna Railroad, thence in a northeaatetly
direction along said railroad 37^ feet to J. Spargo s
line, and thence in a southeasteny direction along said
Spargo's line 90 feet more or less to the place of bcfff n-
ning, containing 3,375 square feet of land, more or less ;
all improved, with one two<story finame owelling hotis*
and outbuildings thereon.
Terms op Salb— ^aoo dowa, and the balance upon
confirmation of sale and delivery of deed.
JOSEPH BOVEY.
GEO. K. POWELL, Administrator.
Attorney. 3-5
ORPHANS' COURT SALE.
Estate of Theodore T. Hale, dsc'd. By virtue
of an order of the Orphans' Court of Luxeme county,
the undersigned will sell at public auction, on the
premises, in the borough of Yatesville, on Tuesday, the
13th day of February, 1883. at 9 o'clock A. M., all the
surface of those lou of land, bounded and described as
follows, to wit :
t. Banning at a comer at the intersection of Main
street and alley No. 3, thence along said alley 8 perches
to a comer, thence 10 perches to a comer, thence 8
perches to a comer on Main street aforesaid, and
thence^ alon^ 'Main street zo perches to the place of
b^inninp, contaiains 80 square perches of land, being
lou 18 and 10 on T. T. Hale's plot of Yatesville. I
a. Beginning at a comer at the intersection of alleys! /^RPH AN S' COURT SALE.
Nos. 3 and a, thence along said alley 24% perches to a! vj Estate of Solomon Yost, deceased. By virtue
corner on alley No. 2. thence along saia alley about 6; of an order of the Orphans' Court of Luzeme county,
perches to a comer of land of the Pennsylvania Cual< there will be exposed to public sale, on the premises.
Company, thence along the said company s land about; in the towniihip of Sugarloaf, oii Friday, February 16,
36 perches to a comer on allev No. 3 aforesaid, and 1883, at a o'clock P. M., all that tract of land in the
thence along said last mentioned alley 11 3-10 perches township of Sugarloaf, beginning at the northerly cor-
to the place of b^nnine, being loU Nos. 33 and 34 on ner of land of Henry Lawn on line of land of Tobias
the plot of lots aforesaid. ISchobert, thence 80 8-10 perches to a post and stone
Terms OP Sale— One-half of purchase money down " '
on day of sale, and balance on confirmation of sale and
delivery of deed.
SARAH R. HALE
%^\,9»\^%^%»m ^P ».iB«»«sv>%r w*^ *^-svF |^^ppS %.raa wv *vr «» ^r\f^% asanji v^^^aa^*^.
thence 26 4-10 perches to a post and stones on line 01
land of Drumheller and Raedler, thence by said last
named line 08 [4 perches to a post and stones, a comer
_-. also of land of Charles Bfown, thence by line of said
F. C. MOSIER, Administratrix. Charles Brown 44 perches to a post comer, being also
Attorney. 3-5 j a comer of Jacob Breithaupt, tnence by line of land
of said Jacob Breithaupt 40 perches to a post comer.
ORPHANS' COURT SALE thence still by line of Jacob Breithaupt 60 perches to a
E»uic of Philip Weiss, deceased. By virtue WV*^™*''' »»»«"<^« H'il^?.?"" °y*.'^^»?'*'**'t"Pf.^'*
of an alias order of the Orphans' Court of Luicmc,Pfi;fl)f J^J^f^.^.^^^^JIL'^j^.^^P^A^^^^
county, there will be exposed to public sale, on ihc|0^ 'a"<*,«f "'<* W\[''a™)*^«^Pj>» 3-io P«rches to a stone
premises in Conyngham township, on Saturday, the I *^^™«'•i!^« **^"f *^1"8 ^""«\> »"»*** f^^^^^^T"?; *^^« ^
3d day of Fcbmarv. 1883. at 12 o'clock M., the follow- »»»« public road leading from the Berwick and Hazleton
ing real estate, wbich. by authority of the court, has t^n^P'^c to Drums post office thence along the south-
been divided into purparts . as follows : I "'y .*'^*= r ^'*^ P"°''<^ .^*jl »^3^9-»o perches to a stone
Purpart No i. Beginning at a comer in the bank of K^""*^^ ^" -a"" *«"^*^«''y *^^« of said public road, ai an
the Sus^quehanna river, thence 76 4-10 perches, thence »".^,»« °f *«'l "^o**^- »"« «" ''»<= 9^ Hcnr>' Uwn afore-
Sa-io per., thence a6 6-10 per, thence 32 7-10 per., *»«<». thence by line of land of said Henry Lawn 99 8-10
ence 56 6-10 perches, thencV 108^ perchei, thence, P^^^**" »<> ^'if place of beginning, contomlng 133 acres
ti% perches, thence lao perches to the Susquehanna '»"d 119 perches, strict measure ; there being about 77
river, thence up said river to the comer, th? place of ^"es thereof improved, with two dwelling houses
beginning, containing 102 acres and 133 perches, with L''^"^®"' .^'^t being iH-sior>- frame building, with two
a fVamc dwelling, bank barn, siable, and^tbuifdings ''^''"f *"<1 «'*»" outbuildings, and an apple orchard of
thereon ; reserving out of the same a church lot, and "*^^"y "*""" ^^""^ thereon.
the right of wav of the land now used and secured by Terms op Sale-io per cent of the purchase money
the North and West Branch Railroad Company. 1 »° ^^ P^^'J* »" »^«^ striking down of the sale, one-third
Purpart No. a. Beginning at or near the church lot, ^J^^.f balance on confirmation of the sale, one-third on
thence 133 4-10 perches, thence 176 perches, thence 75 ^o?"' ''• l^-^' ''"** ****" remaining one-third on Apnl i ,
perches, thence^ perches, thence 56 perches, thence '^5. with interact on the unpaid balance from confir-
I08J4 perches to the place of beginning, containing 107 jnaiion of the sale; deferred payments to be secured
acres and ^5 perches : o-i which are efected a dwelling ^Y ^""^ ^^^ "o-^ig^g^gnthc premises
house, stable, and outbuildings. ^ r- » »xt« a *. ^'^^P^EN TURN BACH,
Purpart No. 3. Beginning at a comer, thence 75' A. FARNHAM, Administrator,
perches, thence 94 perches, thence 00 4-10 perches, Attorney. 4-6
thence 78 perches, thence 50 perches, thence 176 —
perches to the place of beginning, conuining 74 acres ^^^ry^.^^^, mfTRT <;aI F
and 119 perches; on which are erected a dwelling # AKi'tiAW» yuuK 1 SAi^c. , „ ,
house, house, suble, and outbuildings ; about 50 acres I ^^ J^^t^\ °U°^ Kocher, deceased. By virtue of
of good timber an order of the Orphans Court of Luzerne county, the
Terms of Sale— I300 down, 25 per cent of balahce undersiened will sell ai public sale, at Yaple's Hotel,
on confirmation of sale and delivery of deed, and the »" «*»« borough of Shickshinny. on Friday, February
balance, with interest from confirmation, in one year ^^^.-.'^SB; at n o clock A. M , the following piece of
from confirmation ; deferred payments to be secured 'and in Salem township, commencing on the northwest
by bond and mortgage on the premises. *"<Je of the Lackawanna and Bloomsburg Railroad.
BENJAMIN EVANS where Rocky Run passes under said railroad, and ran-
C. B. JACKSON. Administrator, "'"g 10 perches, thence 16 perches, thence 12 perches.
Attorney. 3-5 thence 12 perches, thence 16 perches, thence 4 perches
_. „ J _ to a post and stones, the beginning of land belonging
to Job Kocher, which is divided as follows: thence
ORPHANS' COURT SALE. from last mentioned comer 40 perches to a stump and
Estate sf John Bovey, deceased. By virtue of stones comer, thence 40 perches to a rock oak corner,
an order of the Orphans' Court of Luzeme county, the thence 40 perches to a stake and stones comer 8 feet
undersigned will sell at public sale, at the Arbitration from high ledge of rocks, thence 40 perches to the place
room, in the Court House, in the city of Wilkes-Barre, of beginning, containing 10 acres of land ; Improved,
on Tuesday, Febmary X3th, 188^, at j o'clock P. M.,^with a frame dwelling house and outbuibinss thereon,
all that lot of land in the city of Wilkes-Barre, begin-' Terms op Sai-e— ;$ioo down on day of s5e, and the
sing at a corner of lot No. i of J. Spargo's plot on balance on the confirmation of the sale.
Hickory street, thence in a southwesterly direction! REUBEN GODSHALL,
mnning along Hickory street 37'^ feet more or less to ISAAC P. HAND, Executor,
lot No. 3, owned by Greesy, thence in a northwesleriy Attorney. 4-6
26
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of Martin Williams, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public sale, on the premises,
in the borough of Pittston, on Tuesday, the 13th day
of February, 1883, at 2 o'clock P. M., all those lots of
land, bounded and described as follows, to wit :
I. Beginning at a corner on the northerly side of
Parsonage street, also a comer of land of John R.
Smith, thence along said Smith's land in a northerly;
direction 19 feet to a point, thence in a northwesterly
direction along other lands of Martin Williams, dec'd,
69 feet to a comer of lands of Chester R. Patterson
and of Patrick Fiuerty, dec'd, thence along said Pat-
tenon's land in a southerly direction 78 feet to a corner
on Parsonage street, and thence along Parsonage street j
in an easterly direction 58 feet to the place of begin-
ning, containing 3.000 square feet of land, more or less ;
all improved, with a small one-story frame dwelling
house, with kitchen attached, and fruit trees thereon.
3. Beginning at a corner of other land of said Martin
Williams, deceased, also a corner of land of John R.
Smith, thence along said Williams' land in a westerly
direction 69 feet to a comer of landi of Chester R. Pat-
terson and of Patrick Finerty, deceased, thence along
said Finerty's land in an easterly direction 41 feet to a
comer of land of John R. Smith aforesaid, and thence
along said Smith's land in a southerly direction 61 feet
to the place of beginning, containing 1,800 square feet
of lana, more or less ; all improved, with two small
outbuildings and fruit trees thereon.
Terms op Salb — One-half of purchase money down
on day of sale, and balance on confirmatioa of sale and
dchvery of deed.
MICHAEL E. COLLIER,
F. C. MOSIER. Administrator.
Attorney. 3-5
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 643, October term, 1882. Libel in divorce a vin-
culo matrimonii. Phoebe Morris, by her next friend,
John T. Jones, v. William D. Moms. The alias sub-
poena in the above case having been returned non est
inventus, you, the said William D. Morris, are hereby
notified to appear at said court, on Monday, the 5th
day of March, 1883, at zo o'clock A. M., to answer the
complaint therein filed.
WILLIAM O'MALLEY,
C. W. McALARNEY, Sheriff.
Solicitor. 4-7
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 775, October term, i88a. Libel in divorce a vinculo
matrimonii. Matthew Harrison v. Margaret Harrison.
The alias subpoena in the above case having been re-
turned non est inventus, you, the said Margaret Harri-
son, are hereby notified to appear at said court, on
Monday, the 5th day of Feomary, 1883, at 10 o'clock
A. M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
F. C. MOSIER, Sheriff.
Solicitor. a-5
ORPHANS' COURT SALE.
Esute of Cecelia B. Carey, deceased. By virtue
of an order of the Orphans' Court of Luzeme county,
there will be sold at public sale, at the Arbitration
room. Court House, at Wilkes-Barre. on Friday, the
j6Lh day of February, 1883, at 10 o'clock A M., the
following lot of land in Marcy township, beginning at
a comer on the northwesterly side df the piiblic high-!
way leading from Pittston to Providence, and where
the southwcsierly line of John S. Marcy's land crosses
the same, and thence along said line 6 6-10 perches to
a post, thence 6 4-10 perches to a post, thence 6 6- 10
perches to a comer in the side of the aforesaid high-
way, thence along the said highway 6 4-zo perches to
place of beginning, containing 40 perches ; improved,
with a 3-story frame house and baclc building attached,
stable and other houses thereon, and a well of excellent
water near the back door or kitchen.
Tbkms op Sale — ^300 down on day of sale, and bal-
ance of purchase money on confirmation of sale and
delivery of deed.
B. F. CAREY,
T. R. MARTIN, Administrator.
Attomey. 4-6
IR RE WESLEY W. HARNED, A LUNATIC
In Common Pleas of Luzerne county. No. 163,
November term, 1880. Take notice that the under-
signed. Committee of said lunatic, has filed his final
account of the real estate fund and a final account of
the personal fiind in his hands to date, and the said
accounts and the distribution made by him will be con-
firmed on the 5th day of February, 1883, at 10 A. M.
BENJAMIN HARRISON,
Q. A. GATES, Committee.
Attomey. 3-5
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 44, November term, 1883. Libel in divorce a vin-
culo matrimonii. Rosa A. Dieffenbacher, by her next
friend, Adam Lawn, v Daniel F. Dieffnbacher. Th^
alias subpoena in the above case having been returned
non est inventus, you, the said Daniel F. Dieffenbacher,
are hereby required to appear at said court, on Mon-
day, February s, 1883, at 10 o'clock A. M., to answer
the complaint therein filed.
WILLIAM fVMALLEY,
T. R. MARTIN, Sheriff.
Solicitor. a-5
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 106, November term, i88a. Libel in divorce a
vinculo matrimonii. James Henderson v. Catharine
Henderson. The alias subpoena in the above case
having been relumed non est inventus, you, the said
Catharine Hendeison, are hereby notified to appear at
said court, on Monday, February 5, 1883, at xo o'clock
A. M., to answer the complaint therein filed.
WILLIAM O'MALLEV,
ALFRED DARTE, Jr., Sheriff.
Solicitor. a-5
ESTATE OF SAMUEL WOLFE. LATE OF
Union township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 63, November term, 1883. Libel in divorce a
vinculo matrimonii. Sarah Ann Elliot, by her next
friend, Elizabeth Holdsworth, v. James Elliot. The
alias subpoena in the above case having been returned
non est inventus, you, the said James Elliot, are hereby
notified to appear at said court, on Monday, the 5th
day of February, 1883, at 10 o'clock A. M., to answer
the complaint tnerein tiled.
WILLIAM O'M ALLEY,
ALFRED DARTE,Jr , Sheriff.
Solicitor.
a-5
chem for payment, and those indebted thereto will
please make immediate payment to
BENJAMIN GREGORY,
NOTICP- IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporations," approved a9th
April, 1874, and the supplements thereto, for the incor-
poration of^an intended corporation, to be called " The
Gardner's Creek Coal Company,' the character and
objects of which are the mining, preparing, shipping,
selling, purchasing, and otherwise aealing in anthracite
coal, and also the leasing, purchasing, and holding real
estate connected therewith.
G. MORTIMER LEWIS.
Administrator. ^3-5 Solicitor.
27
Digitized by
Google
AUDITOR'S NOTICK. | T7STATE OF CHARLES PIKE
The undersigned, an Auditor, appointed by thei XL city of Wilkes- Barrc, deceasea.
STATE OF CHARLES PIKE, LATE OF THE
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of Chas. Murrin. will attend to the duties of his
appointment, at his office, on Franklin street, in the
city of Wilkcs-Barre, on Saturday, February lo, 1883,
at iz o'clock A.M., at which time and place all persons
having claims against said fund are notified to present
the same, or be debarred from coming in on said fund.
G. L. HALSEY.
3-6 Auditor.
INSTATE OF EDMUND
E:
Lackawanna low;
wanna^ county, deceased. Letters of administration
upon tne above named estate having been granted to
the undersigned, all persons having claims against the
same will present them for payment, and those indebted
thereto wul please mstke immediate payment to
T. R. HUGHES, Adm'r d. b. n. c. t. a.,
N. TAYLOR, Scranton, Pa.
Attorney. 52-5
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present thun
for payment, and those indebted thereto will please
make immediate payment to
BELINDA A. PIKE.
A. DARTE, Jr.. Administratrix.
Attorney. 2-7
ESTATE OF JANE
Kingston, deceased.
MYERS. LATE OF
Letters of administration upon the above named
lUND JAMES, LATE OF estate having been granted to the undersigned, all per
nship, Luzerne (now Lacka- ^^^^ having claims against the same will present then
for payment, and those indebted thereto will please
make immediate payment to
D. S. BENNET.
2-7 Administrator.
ESTATE OF PATRICK MOYLES, LATE OF
Laurel Run borough, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
STATE OF THOMAS HUTCH INS, LATE OF J^"* *»»^'"8 <^^»'"f* JK*'*^' »^« same will present them
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
R. H. WEIR,
R. H. HUTCHINS,
McLEAN & JACKSON. Administrators.
Attorneys. 52-5
for payment, and those indebted thereto will pie
make immediate payment to
JAMES MOYLES,
52-5 Administrator.
ESTATE OF MARTHA E. MOORE. LATE OF
Wilkes- Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
CALVIN PARSONS.
52-5 Administrator.
ESTATE OF HIRAM GEORGE, LATE OF
Nanticoke, deceased.
Letters of administration upon the above named '
estate having been granted to the undersigned, all per-
sons having claims against the same will present thei
for payment, and those indebted thereto will please
make immediate payment to
AMANDA GEORGE, , ,..-..-.. ... -
F. C. STURGES, Administratrix, kons having claims against the same will present them
Attorney. 2-7'"''' payncn^i and those indebted thereto will please
_._ ^^ ^ make imi
ESTATE OF CORNELIUS DOUGHERTY,
late of Ashley, deceased.
Letters of administration upon the above named
j estate having been granted to tne undersigned, all per-
the
ESTATE OF EDMUND GRIMES, LATE OF, 2-7
Plymouth, deceased.
I..etter8 of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
th.;m for payment, and those indebted thereto will
please make immediate payment to
DAVID GRIMES,
immediate payment to
ELLEN A. CARLE.
Administratrix.
GEO. W. SHONK.
Attorney.
Administrator.
ESTATE OF JULIA M. TITCOMB. LATE
of Ashley, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all i>er-
sons having claims agains^ the same will present them
for payment, and those indebted thereto will please
I make immediate payment to
W. B. HARROWER,
(2-7 Administrator.
ESTATE OF EPHRAIM R.
of Ross township, deceased.
Letters of administration upon
KITTLE, LATE ,j.^^g ^^ ^^ j^ SPERRING, LATE OF
the above named! -V Wilkcs-Barre, deceased,
estate having been granted to the undersigned, all per- i Lc"*"?: testamentary upon the above named estate
sons having claims against the same will present themit*^!"^ »>««» granted to the undersigned, all persons
for payment, and those indebted thereto will please ^^^^'^K ?*»'"\* a«a'"st the same will present them duly
make fmmediate payment to authenticated for payment, and those indebted thereto
WILLIAM E. KITTLE. «^'» Pl««« "^^^e Paynjent to ^„_„,_
M.CANNON, Administrator d.b.n ' Rc-vvtrx-r «, xii/tSi^w i- ' .
Attorney 2-7 BENNETT & NICHOLh, Executor.
. _ -" _ _ - ., I Attonicys. 1-6
ESTATE OF JOHN BEHEE. LATE OF THE;
city of Wilkes- Barre, deceased.
Letters tesumentary upon the above named estate;
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to ,
MERCY B. BEHEE,
L. D. SHOEMAKER, Executrix. I
Attorney. 2-7
28
ESTATE OF HENRY SCHAEFER, LATE OF
Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILLIAM SCHAEFER.
J. A. GORMAN, Administrator.
Attorney. i -6
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, February 9, 1883. No. 6.
(Sonrt of (Eommon )]}lea9 of Cujenu Cotintn.
Sheridan v. Spare.
Tr€*pas»—CHy foumei—High canstabU.
Aahnab iawfufiy confined in tke city pound (Wilkes-Barre) are in the custody of the high constable,
and he may maintain trespass against a defendant who unlawfully takes the same from his
■possession.
The opinion of the court was delivered December 1 1, 1882, by
Rice, P. J. — ^The exceptions of the plaintiff in error are based
on the erroneous assumption that the proceedings before the
alderman were to recover a penalty for the breach of a city ordi-
oance. This is a mistake. The action is trespass, and the
question is, whether such action can be maintained by the high
constable of the city against a defendant for releasing a cow im-
pounded by the former. We think it may. By section second
of the city ordinance relating to animals, he is made the custodian
of animals confined in the city pound, and the owners of such
animals cannot require their release from his custody until the
constable's fees and necessary expenses are paid (§ 3). In case
these are not paid, h.e is authorized to sell the animals, and, first
having deducted all charges and expenses, to pay over the bal-
ance received to the city treasury. The actual possession, cou-
pled with such, authority and interest as to remuneration, was
sufficient to entitle him to maintain the action, i Ch. PI. *c68,
etc.; 2 Br. T. & H. Prac. §§ 1563, 1574.
The proceedings are affirmed.
P. H. Campbell. Esq., for plaintiff in error.
W. S. McLean, Esq., for defendant in error.
Digitized by VjjOOQIC
44 HiLDRETH V, ReILLY.
Court of Common Jpleos of fiu^riu Conntg-
HiLDRETH V. ReILLY.
Certiorari-^Amendwtent o/c<msiahl«^t return.
Where the proceedings of a jtistice of the peace have been brought up on etrtiorari^ the court has
no authority to permit the constable to amend his return to the suitamons.
Rule to show cause why the constable should not be allowed
to amend his return.
The opinion of the court was delivered November 27, 1882, by
Rice, P. J. — On the face of the record, the proceedings are
regular, and must be sustained. The application of the constable
to be permitted to amend his return cannot be allowed. It would
seem from the depositions that the copy of the summons served
on the plaintiff in error was not an exact copy, in that the name
of the plaintiff below was omitted, but it stated the time and place
when, and the alderman before whom it was returnable. For
such an error, the remedy of the plaintiff in error, if any, is by
action against the constable. Technically, he did not make a
true return to the summons, but we fail to see how the plaintiff
in error could have been harmed thereby, had he attended at the
time and place named. But, however this may be, the conse-
quences of the mistake of the constable cannot be visited on the
defendant in error, when neither he nor the alderman were guilty
of any misconduct, or, indeed, knew of the mistake. Further, this
record comes before us simply for review, and to permit an
amendment of a return made to the lower tribunal would be an
unheard of and unwarranted proceeding. As was said by Judge
Agnew in O. & P. R. R. Co. v, Brittain (i Pitts. 273), "the cor-
rection of a return belongs to the tribunal or court wherein it is
made, and not to the court above."
The rule granted November I, 1882, is discharged, and the
proceedings are affirmed.
W. P. Ryman, Esq., for plaintiff in error.
P. H. Campbell, Esq., for defendant in error.
Digitized by VjjOOQIC
O'Hara V, Mutual Aid Society. 4g
(ffourt of (JTommou JJlms of Ctijerm (JTotintB.
0*Hara V, Mutual Aid Society.
Corporation — Service of summon*.
A summons against an insurance company having its principal office in another countjr cannot be
served on a soliciting Hgent residing in this county, who is merely authorised to receive applica^
tions and admission lees, and such assessments and annuals as may be sent to him for coUectioi^
Rule to show cause why service of summons shall not be set
aside.
The opinion of the court was delivered November 27, 1882, by
Rice, P.J. — ^This is an action of debt, and the return of service
of the summons, so far as the same is material, is as follows:
"Served this writ 4th April, 1882, on the within named The U. B.
Mutual Aid Society, of Lebanon, Pa., by leaving in the hands of
M. W. Harris, agent for said society, a true attested copy of this-
writ, and made contents known," etc. The deposition shows
that the principal office of the defendant corporation is located
at Lebanon, and that the said M. W. Harris resides at Wilkes-
Barre. He is a soliciting agent, being authorized to receive
applications and admission fees, and also such assessments and
annuals as are sent to him for collection. Clearly he does not
belong to either class of persons enumerated in the act of June
13, 1836, section 41 (P. L. 579; P. D. 286, //. 25). It is extremely
doubtful whetljer the agency of Mr. Harris is such as to authorize
service on him in this county under section 6 of the act of April
8, 1 85 1 (P. L. 354; P. D. 287,//. 31). The words used in that
section, " have an agency or transact any business/* have been
held to refer to branch offices, or agencies for the transaction of
business, and not to authorize service on an agent for procuring
applications for insurance, to be transmitted to the regular office
of the company for action. Parke v, Ins. Co., 8 Wr. 427. In
the case of Harrison v. The Col. Ins. Co., the service of the sum-
mons on an agent residing in the county was set aside by Judge
Conyngham, and if we are not mistaken in our recollection, the
duties of the agent were substantially the same as in this case.
Digitized by VjjOOQIC
46 Vincent v. Warner.
But, aside from this consideration, it was held in Cochran v. The
Library Co. (6 Phila. 492), by Mr. Justice Sharswood, sitting at
nisi prius, that the above section related solely to foreign corpo-
rations. This we understand to be the settled construction of
the statute.
The rule is made absolute.
. J. T, Lenahan, Esq., for plaintiff.
C. E. Hawley and A. Ricketts, Esqs., for defendant
(ilourt of Common IpUcm of |)l)Uabel|)l)ia (Eountp*
Vincent v. Warner.
An infant may be arrested upon a capias ad respondendum for torts committed. He cannot execute
a bond, and must, therefore, either submit to imprisonment, or by the aid of a next h^end
appear, and by interposition of that friend execute a bond.
Rule to abate capias.
The defendant, a minor, was arrested on a capias for an assault
and battery on John Vincent, and held under $500 bail. On
December 9, 1882, a rule was taken to show cause why the writ
o{ capias issued in above case should not be abated.
The opinion of the court was delivered January 27, 1883, by
Ludlow, P. J. — Undoubtedly an infant may be arrested upon
a capias ad respondendum for torts committed. It is also true
that he cannot execute a legal bond; he must, therefore, either
submit to imprisonment, or by the aid of a next friend appear,
and by the interposition of that friend execute a bond. In this
case we think that the amount of the bond should be reduced to
$200, and when a bond for that amount is prepared, submitted
and approved, we will direct the defendant to be discharged from
the custody of the .sheriff.
Rule discharged.
Digitized by VjjOOQIC
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AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of C. D. Wells, will attend to the duties of his
appointment, at his oflSce. on Franklin street, in the
jcity of Wilkes-Barre, on Tuesday. Fcbniary 27. 1883,
at 10 o'clock A. M.,at which time and place all parties
interestea are notified to appear and present their
claims, or be debarred from coming in on said fund.
HENRY A. FULLER.
5-8 Auditor.
AUDITOR'S NOTICE.
In Re Indebtedness of Wright township. The
undersigned has been appointed an Auditor to ascer-.
tain and marshal the indebtedness of the above town-
ship. All those who have claims or demands against
the same are required to present them before me, ok
Saturday, the 3d of March, 1883, at 10 o'clock A. M.
S. J. STRAUSS,
5-8 Auditor.
AUDITOR'S NOTICE.
Ihe undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to dJNtrib-
uie the fund arising from the Sheriff's sale of the real
esute of Chas. Murrin. will attend to the duties of his
appointment, at his office, on Franklin' street, in the
city of Wilkes-Barre, on Saturday, Februar>' 10, 1883,
at II o'clock A.M., at which time and place all persons
having claims against said fund arc notified to present
the same, or be debarred from coming in on said fund.
G. L. liALSEY.
3-6 Auditor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporations," approved April
29, 1874, and the supplements thereto, for the incorpo-
ration of an intended corporation, to be called " The
Hazleton Coffin and Casket Works and Planing MiU
Company," the character and objects of which are the
manufacture of and dealing in coffins, caskets, and
undertakers' supplies, and materials of all kinds, and
the manufacture of and dealing in all kinds of wood
work, cabinet, carpenter, and building material.
GEO. H. TROUTMAN,
<5-8 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Court of Common
Pleas of Luzerne county, on Monday, March 5, 1883,
at II o'clock A. M.. under the Act of Assembly of the
Commonwealth of Pennsylvania, entitled "An Act to
provide for the incorporation and regulation of certain
corporations," approved April 29th, 1874. and the sup-
plements thereto, for the charter of an intended corpo-
ration, to be called *' The Freeland German Comet
Band," the character and object whereof is for social
enjoyment and the culture of music, and for these pur-
poses to have, possess and enjoy all the rights, benefits
and privileges of said Act of Assembly and supplements.
C. W. ICLINE,
6-8 Solicitor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 643, October term, i88a. Libel in divorce a vin-
culo matrimonii. Phoebe Morris, by her next friend,
John T. Jones, v. William D. Moms. The alias sub-
poena in the above case having been returned non est
inventus, you, the said William D. Morris, are hereby
notified to appear at said court, on Monday, the sth
day of March, 188^, at 10 o'clock A. M., to answer the
complaint therein filed.
WILLIAM O'MALLEY,
C. W. McALARNEY, Sheriff.
Solicitor.
4-7
29
Digitized by VjjOOQIC
SHERIFF'S SALES.
Abstract uf property to be sold by Wm. O'Mallcy,
Sheriff of Luzerne county, on Saturday, March ^d,
A. D. 1883. at xo o'clock A. M.. at the Arbitration
room, in the Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are numbered, to wit :
I
Suit of Christian H. Sherer, assigned to William B.
Miichcl, V. Arnold Bcrtels.
IQ16 September term, 1878. Debt, |2,soo. Fi. ia.
2 Nlarch term, 1883. Darte, Jr., Att'y.
All the one-third part undivided of all tne following
described pieces of land, in the city of Wilkes-Barre,
to wit :
X. Beginning at a comer of lot of A. Bertels on a
street running nearly cast from Main street, '^t a point
nearly opposite Wood street, thence along line of said
Bends' lot about 120 feet to a corner, thence about 20
feet to a corner, thence about ao feet to land .sold to
Jacob Farrek. thence along said Farrek's land about
I20 feet to said street, thence along said street 20 feet
to the place of beginning, containing about 2,400 square
feet of land.
3. Beginning at a comer on the southeast side df
Careytown road, thence at right angles to said road
along line of lot now or late of Charles Morgan & Son
ao4 feet to line of the old Lehigh and Susquehanna
Railroad, ihence in a southerly direction alons said
railroad about*45 feet to a corner of lot now or uite of
Simon Long,Tmstee, thence along said Long's lot 237
feet to said Careytown road, thence northeasterly along
said road 40 feet to the place of besinning, containing
8.620 square feet of land, being lot No. 7 as shown on
plot made by C. Scharer.
3. Beginning at a comer of land now or late of Abi-
gail Hotchkiss, and running thence along the line of
Canal street 3 perches to a corner, thence adjoining
land now or late of Jesse Fell 8 perches to a comer,
thence to a comer on land of said tesse Fell 3 perches,
thence on the line of Abigail Hotchkiss' land 8 perches
to besinning, containing 34 square perches of ground.
4. Beginning at a comer on Washington street,
thence 344 feel to a comer, thence 40 feet to a comer,
thence along land of the Jewish Synagogue 344 feet to
said Washington street, and thence along said street
40 feet to the place of b^iuiing.
5. Fronting on Scott street, between Pine street and
Baltimore lane, the same being about 50 feet front on
said Scott street, and extending in the same width to
the depth ot 150 feel, containing 7.500 square leet of
land.
6. Beginning at a corner on the northwest side of
Oregon street, at the south corner of lot now or late of
Levi King, thence along said Oregon street 56 feet 10
inches to a corner of lot now owned by John L James,
thence along said James' lot 146 feet 10 inches to the
school house lot, thence 57 feet 3 inches to said Levi
King's lot, thence about 140 feet to said Oregon street,
the pbce of beginning, conuining about 8,153 square
feet of land.
7. Beginning at a comer on Bamcy street about 80
feet west from Wood street, and in line of land sold to
Charles Feuerstein, thence at right angles to said Bar-
ney street and along said line about too feet to land
late ot Henry House, thence along the same and par-
allel with said Bamey street xao feet to land late of
Mrs. Mann, thence along said Mann lot about 100 feet
to said Barney street, thence along said street about
I30 feet to the place of beginning, containing about
13,000 square feet of land.
8 Being the surface of those two lots adjoining, on
the northeast side of Parrish street, beginning at a
comer about 330 feet from Hazle avenue, thence at
right angles from said street about 300 feet to land for-
merly ot Jonathan Jones, thence along the same par-
allel with said street 80 feet to a comer, thence at right
angles to line of said Jones lot about aoo feet to said
Parrish street, and thence along said street about 80
feet to the place of beginning, containing about 16,000
square feet of land.
9. All that piece of land in the township of Lake,
commencing on the comer of lands in the warrantee
names of Allen Bump and Herman Chambers north
30
251 perches to a comer, ihence east 338 perches .ilong
line in warrantee name of A. Bailey to a comer, thence
south 257 perches along line of lands in warrantee
names of Amasa Bailey and Adam Mann, thence west
128^ lurches along line of warrantee names of Allen
Bump and Nancy Mann to a comer, being a tract of
land in the warrantee name of Amasa Bailey, contain-
ing 474 acres and allowance ; unimproved.
a
Suit of Oscar J. Harvey, assigned loOlin F. Harvey,
v William P. Rudolph and Martha £. Rudolph, his
wife.
423 May term, 1883. Debt, $817 6x. Al. lev. fa.
1 March term, 1883. Harvey, Att'y.
A certain piece of land in the city of Wilkes-Barre,
'beginning at a corner on Orchard street, thence by the
I same 40 feet to a comer, thence 300 feet to a comer,
'ihcncc 40 feet to a corner, thence 300 feet to the place
of bv^inniiiK : all coal and other minesals reserved to
I Heading &. Hunt ; improved, with one two-stor> frame
'dwelling house and outhouses thereon. 6-8
LUZERNE COUNTY ss:
In Re Assignment of A N. Meylert for the ben-
efit of creditors. Notice is hereby given that the
Executors of the last will and tesument of H. B.
Wright, deceased, have exhibited and filed a final
account of the said H. B. Wright, Tmstee for the
estate of A. N. Meylert, which account will be con-
firmed and allowed on the 5th day of March, 1883,
unless cause is shown to the contrary.
JAMES M. NORRIS,
6-8 Prolhonotary.
IN THE COURT OF QUARTER SESSIONS
of Luzerne county. No. 161, December sessions,
1882. In Re Division of the township of Lehman
into Election District. Notice is hereby given that
the report of the Commissioners in the above stated
case has been filed with the Clerk of the Court of
Quarter Sessions, and was confirmed nisi by the court
on the 39th of January, 188^, and that said report
will be confirmed absolutely oy the court, unless ex-
ceptions thereto be filed not later than the third day
of the next term of said court.
LOUIS K. STRENG,
5-7 Clerk Q. S.
ESTATE OF ELIZABETH KNAPP, DEC'D.
In Orphans' Court of Luzerne countv. Tn Re
Petition of John Cooper for appointment of^ Guardian
ad litem for children of Joseph L). Cooper, etc.
Now, 5th February, 1883. rule is granted to sho«^
cause why the said minor children of Joseph D.Cooper
shall not appear in court on or before the 5th day of
March, 1883, and choose Guardians to represent thexn
in this est.ite,and in default thereof to show cause why
John Cooper, the petitioner, should not be appointed
Guardian ad litem. Notice to be given by advertise-
ment in one weekly newspaper in said county for three
weeks, a copy of said newspaper to be mailed to the
last residence of Sarah Cooper, mother of said minor
children. Bv thk Court.
Certified from the records, this jih Febmary, 1883.
JOSEPH HENDLER, Clerk O. C,
Per B. M. Crary, Ass't.
F. C. STURGES,
Attorney. 6-a
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 53, November term, 1883. Libel m divorce a
vinculo matrimonii. Mary J. Morgan, by her next
friend, David Maxey, v. David C. Morgan. The alias
subpoena in the above case having been retumed non
est inventus, you, the said David C Moigan^are here-
by notified to appear at said court, on Monday, March
5, 1883, at II o dock A. M., to answer the complaint
therein filed.
WILLIAM O'MALLEY,
GEO. H. TROUTMAN, Sheriff.
Solicitor. 6-9
Digitized by VjjOOQIC
ESTATE OF EDMUND GRIMES, LATE OF
Plymouth, decesised.
T.ctters of administration upon the above named
estate having been granted to the underKigned, all
persons having claims against the same will present
th^m for payment, and those indebted thereto will
please make immediate payment to
DAVID GRIMES,
GEO. W. SHONK, Administrator.
Attorney. a-7
ESTATE OF EPHRAIM R. KITTLE, LATE
of Ross township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for paj/ment, and those indebted thereto will please
make immediate payment to
WILLIAM E. KITTLE,
M. CANNON, Administrator d.b.n
Attorney. a-7
ESTATE OF JOHN BEHEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MERCY B. BEHEE,
L. D. SHOEMAKER, Executrix
Attorney. 2-7
ESTATE OF CHARLES PIKE. LATE OF THE
city of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment,^ and those indebted thereto will please
make immediate payment to
BELINDA A. PIKE,
A. DARTE, Jr., AdminUtratrix.
Attorney. 2-7
ESTATE OF lOHN GILLESPIE, LATE OF
Hazle townsnip, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
■lake immediate payment to
OWEN GILLF^PIE,
JOHN D. HAYES, Administrator.
Attorney. 5-10
ESTATE OF ELIZABETH CONNELL, LATE
of Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mak^
immediate payment to
T. A. COLLIER,
JOHN H. MULLIN,
Executors.
F. C. MOSIER,
Attorney.
5-10
ESTATE OF THOMAS HUTCHINS, LATE OF
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having daims against the same will present them
for parent, and those indebted thereto will please
make immediate payment to
R. H. WEIR,
R. H. HUTCHINS,
McLEAN & JACKSON. Administrators.
Attorneys. 52-5
ESTATE OF JANE MYERS, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per>
sons having claims against the same will present them
for payment, and those indebted thereto will pleas«
make immediate payment to
I D. S. BENNET,
12-7^ Administrator.
ESTATE OF CORNELIUS DOUGHERTY,
late of Ashley, deceased.
Letters of administration upon the above named
esutc having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ELLEN A. CARLE,
a-7 Adm inistratrix.
ESTATE OF JULIA M. TITCOMB, LATB
of Ashley, deceased.
Letters of administration upon the above named
csute having been granted to the undersigned, all per*
sons having claims against the same will present them
for payment, and those indebted thereto will pleas*
make immediate payment to
W. B. HARROWER.
a-7 Administrator.
ESTATE OF HIRAM GEORGE. LATE OF
Nanticoke, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will pleas*
make immediate payment to
AMANDA GEORGE,
F. C. STURGES, Administratrix.
Attorney. 3^
ESTATE OF W. H. SPERRING, LATE OF
Wilkes-Barre, deceased. ,
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
THOMAS SPERRING,
BENNETT & NICHOLS, Executor.
Attorneys. x-^
ESTATE OF HENRY SCHAEFER, LATE OF
Hazleton, decesised.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those Indebted thereto will please
make immediate payment to
WILLIAM SCHAEFER,
J. A. GORMAN, Administrator.
Attorney. x-6
7 STATE OF ANTHONY MEYERS, LATE OW
^ Hazleton, deceased.
Letters of administratfon upon the above named
esute having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
H. W. MEYERS,
A. R. BRUNDAGE, Administrator.
Attorney. 5.1©
ESTATE OF MARTHA FAIRCHILD, LATE
of Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per^
sons having claims against the same will present then
for payment, and those indebted thereto will please
nsake immediate payment to
SAMUEL LINE,
BENNETT & NICHOLS, Adminutr^r.
Attorney. 5-10
31
Digitized by KjOOQ IC
ORPHANS' COURT SALE. 'stoiws ^corner, thence 40 perches to a rock oak comer.
Estate of Solomon Yost, deceased. By virtue thcnCe 40 perches to a stake and stones comer 8 feet
of an order of the Orphans' Court of Luzerne county, from high ledge of rocks, thence 40 perches to the place
there will be exposed to public sale, on the premises, of beginning, containing 10 acres of land; improved.
In the township of Sugarloaf, on Friday, February 16, with a frame dwelling house and outbuibings ihereon.
1883, at 3 o'clock P. M., all that tract of land in the Terms op Sals— ;$ioo down on day of :iale, and the
township of Sugarloaf, beginning at the northerly cor- 1 balance on the confirmation of the sale.
-.— ^e i«_j ^c \j. I iT_« ^e I I ^f nv.u:-..! DCiTucxr r-*\r^c
REUBEN GODSHALL.
ISAAC P. HAND. Executor.
Attorney. 4-6
ner of land of Henry Lawn on line of land of 1 obias
Schobert, thence 80 8-10 perches to a post and stones,!
thence 26 4-10 perches to a post and stones on line of I
land of Dmmheller and Raedler, thence by said last
named line gS\o perches to a post and stones, a corner „^ ^,^ ,,».^,,
also of land of Charles Brown, thence by line of said' T UZERNE COUNTY, .ss :
Charles Brown 44 perches to a post corner, being alsoi JL* l" the Court of Common Pleas of said county.
a comer of Jacob Breithaupt, thence by line of land No. 63, November term, 1882. Libel in divorce -
of said Jacob Breithaupt 40 perches to a post comer
thence still by line of Jacob Breithaupt 60 perches to a
post comer, thence by line still of Jacob Breithaupt 24 ., , ,
perches to a corner of William Walp. thence by line granted a rule on you to show cause why a divorce s
Of land of said William Walp 61 3-10 perches to a sione I vinculo matrimonii shall not be made and entered in
Corner(thc stone being buried) in the southerly side of ^avor of the libcllant, service of the original and alias
vinculo matrimonii. Sarah Ann Elliot, by her next
friend, Elixabeth Holdsworth, v. lames Elliot. To
James Elliot — Please lake notice that the court has
subpoenas having failed on account of your absence.
Returnable on Monday. March 5, 1883, at 10 A. M.
ALFRED DARTE, Jr ,
6-7 Solicitor.
the public road leading from the Berwick and Hazlcton
turnpike to Dmms post office, thence along the south-
erly side of said public road 163 9-10 perches to a stone
(buried) in the southerly side of said public road.a* an
angle of said road, ana on line of Henry Lawn afore-
said, thence by line of land of said Henry Lawn 99 8-10! _ TTyc-pvr rnirvTV
perches to the place of beginning, containing 133 acres! f UZtKXN t. t..uur>i 1 y , ss . ^ . .
ind .19 perches, strict intasure ; there being .^bout 77' Jt ^" 0*= Sf"'^ ""^ ^Tq"""". ??* °^-^'** ''"""•^
acres ihcreof improved, with two dwelling housesi No. 597. October term. ,882 Libel in divorce a vin-
Ihereon, each being i^-story frame building, with two "»!«."»*""' ^T'' "^""^^ ^^'i^^^/ ^^ her ne.xt friend,
barns and other outbuildings, and an apple orchard of ^'"'^™ Kiiching, v. Francis Barker. The .nlias sub-
nearly four acres thereon. ! po^"'-^ »" »^« »^oy;« "^""^ h^^^n^ been returned non est
TeJims OP Salb-io per cent of the purchase money I •"^'^rlM*. V""- »*»» said Francis Barker, are hereby
to be paid on the striking down of the sale, one-third ""»'^»«<* i° ^PP*^!; *' f ^ court, on Monday, the sih
of the balance on confirtSation of the sale, one-third onl^*y ^^ March. 1883, at 10 o clock A. M., to answer
April I, 1884, and the remaining one-third on April i,!^'^« complaint therein filed.
1885, with interest on the unpaid balance from confir-
mation of the sale : deferred payments to be secured
by bond and mortgage on the premises.
STEPHEN TURNBACK,
A. FARNHAM, Administrator.
Aitomey. 4-6
ILLIAM O'M ALLEY,
EDWARD A. LYNCH, Sheriff.
Solicitor. 6-9
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 113, February term, 1882. Libel in divorce a vin-
ORPHANS' COURT SALE. C"lo matrimonii. Janet Weir, by her next friend.
Estate of Cecelia B. Carey, deceased. By virtue An>crt W. Detrick. v. William Weir. 1 o W illiam
of an order of the Orphans' Court of Luzerne county,! W.«'"^P'«a**^ ^^^f "o"" that the court has granted a
there will be sold at public sale, at the Arbitration |r»'e on you to show cause why a divorce a vinculo
room. Court House, at Wilkes-Barre, on Friday, the' "Va^rT?."" ****" "°* be made and entered in favor of
i6ih day of February. 1883. at 10 o'clock A M.. ihc^^e libcllant, service of the subpoena having failed on
following lot of land in Marcy township, beginning at; account of your absence. Returnable February 23d,
a corner on the northwesteriy side of the public high- *°83, at 10 o clock A. M. vfociFO
Way leading from Pittston to Providence, and where! *• ^- "'OSIER,
the southwesterly line of John S. Marcy's land crosses I °"7 Solicitor,
the same, and thence along said line 6 6-10 perches to ' ~
a post, thence 6 4-10 perches to a post, thence 6 6-101 »-"\QXATir nir pttv
perches to a comer in the side of the aforesaid high-' Jj^^ 1 A i fc ur k t v
way, thence along the said highway 6 4-10 perches to
CHAS. A. MATTINGLY,
late of Nanticoke, deceased.
Letters testamentary upon the above named estate
place of beginning, containing 40 perches: improved, having been granted to t"Ke undersigned, all persons
with a 2-story frame house and back building attached,. ^„-° ,r ■ * • • ...*«'.>' y.
.>»ki. «^ J -..1 u .k— ...^^ J -. ...„ii „f II . i naving ci
wiin a 2-siory irame nouseana oacK Duiioing aiiacnea.ii „„• " ,u;«„r«.,..:r.»f tk- «..«,.. ...:ii ^....«.,» .k — c^
•table and otLr houses thereon, and a well of excellen !^^^^8 f *'™5 fk«^'"?„Hch,Xhrrl.o^XTn^^^^^^^ t
Vater near the back door or kitchen. P^^SL,' nimen! "^debted thereto will please make
Terms of Sale-$3oo down on day of sale, and bal- '™"'*^**'^'*=^5lX^''5yQI^,^S T RAY
ance of purchase money on confirmation of sale and! REV TIMOTHY I Doi»IOHUE
B F CAREY ^-11 Executors.
T. R. MARTIN, Administrator.
Attorney.
_^| "pSTATE OF JOHN BARNEY, LATE OF THE
. borough of Nanticoke. deceased.
ORPHANS' COURT SALE. Letters of administration upon the above named
Estate of Job Kocher, deceased. By virtue of .estate having been granted to the undersigned, all per-
«n order of the Orphans' Court of Luzerne county, the sons having claims against the same will present them
undersigned will sdl at public sale, at Yaple's Hotel, for payment, and those indebted thereto will please
In the borough of Shkkshinny, on Friday, February make immediate payment to
16th. 1883, at II o'clock A. M , the following piece of, CATHARINE BARNEY,
land in Salem township, commencing on the northwest ^n Administratrix.
side of the Lackawanna and Bloomsburg Railroad,' ^ !_
where Rocky Run passes under said railroad, and run-
ning 10 perches, thence 16 perches, thence 12 perches, W. g, PARSONS,
thence 12 perches, thence 16 perches, thence 4 perches
to a post and stones, the beginning of land belonging AlDERMAN
to Job Kocher, which is divided as follows : thence '
from last mentioned comer 40 perches to a stump andi Market Strsst, Wilkrs-Barre, Pa.
32
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, February i6, 1883. No. 7.
Smpreine (STaurt of IJennsgbania.
Ewing's Appeal.
I . K/rme sole trcuier has power to bind herself by agreement for the sale of her real estate, without
acknowledgment of said agreement, or the joining of her husband therein, and although she was
living with her husband at the time of making the agreement.
a. l!k|uity will specifiically enforce such agreement against her. .
Appeal from the decree of the Court of Common Pleas of
Allegheny county.
The opinion of the court was delivered November 20, 1882, by
Paxson, J. — This was a bill in equity to compel specific per-
formance of a contract for the sale of certain real estate. It was
resisted below and here principally upon two grounds, viz.: ist.
That appellants, Samuel Maloney and wife, had entered into a
prior parol contract with James A. Ewing, the other appellant,
for a sale of the same premises to him. 2d. That the agreement
sought to be specifically enforced was not acknowledged as
required by the act of Assembly, which prescribes the mode in
which the separate real estate of a married woman should be
conveyed.
The learned master has demolished the first proposition by his
finding of the fact that no such prior parol contract exi.stcd.
Numerous exceptions have been filed to the master's finding
upon this point, but there is ample evidence to sustain him.
Indeed, I do not see how he could have found differently.
The case is, therefore, narrowed down to the single question,
whether the omission of Mrs. Maloney to acknowledge the
agreement is sufficient to enable her now to repudiate it. Upon
this point, also, the law is against her. It was one of the admitted
Digitized by VjjOOQIC
48 Wolff's Estate.
facts in the cause that, in the year 1874, Mrs. Maloney was, upon
her own apph'cation to the Court of Common Pleas of Allegheny
county, duly declared ^feme sole trader, and that the said decree
stands upon the records of said court in full force and unrevoked.
The second section of the act of 4th of May, 1855 (P. L. 430),
gives to feme sole traders ample power to convey their real estate,
and in order that purchasers and others may safely deal with
them, the fourth section provides that the certificate of the court
declaring her such trader shall be conclusive evidence of her
authority, until revoked by the court. It is very clear, therefore,
that Mrs. Maloney had the power to enter into a binding contract
for the sale of her real estate without her husband joining therein.
That he did so join, can make no difference. Indeed, it is, at
least, a question whether his courtesy in the land would pass by a
conveyance to which he was not a party. See Burson's Appeal,
10 Harris, 164.
We do not regard the fact that Mrs. Maloney was living with
her husband at the time of the contract as of any importance.
Under the act of 1855, a person dealing with ^feme sole trader
has no occasion to look beyond the certificate.
We need nbt discuss any of the minor questions involved.
The appellants have nothing to stand upon.
The decree is affirmed and the appeal dismissed, at the costs
of the appellants.
©rplians' Court of l)l)ilabelpl)ia (STountg.
Wolff's Estate.
The presumption of death from an absence of seven years, held not to apply to a case where the
person's absence is accounted for by the fiict of his having fled to etcape the consequences of
appropriating tn^t moneys, and hence had a strong motive for silence and concealment of his
whereabouts.
Sur exceptions to adjudication.
The opinion of the court was delivered February 3, 1883, by
Penrose, J. — The presumption of death from an absence of
seven years is, as experience shows, a very unsafe one to act
Digitized by VjjOOQIC
Wolff's Estate. 49
upon. The case of Devlin %k The Commonwealth (i 2 W. N. 299)
and Jachumsen z/. The Bank (3 Allen, 87) are illustrations of this^
and others are furnished by the records of our own court. In
Pheian's Estate there had been an absence of over ten years, and
the person, whose death, it was contended, was, therefore, to be
presumed, had failed during all that time to claim an annuity ta
which she knew she was entitled; but an inquiry and advertise-
ment directed by the court led, after a delay of many months, to
the discovery that she was living, and for some years had been
residing in Bahia, Brazil. In Woodman's Estate,, upon the very
day that the administrator's account was audited, and after the
court had been asked to award payment of a distributive share to
the personal representatives of a nephew of the decedent, who
had not been heard of for more than seven years, under circum-
stances strongly corroborative of the presumption of death, a
letter from him announcing that, after a prolonged absence
abroad, he had feturned to this country, and was then living in
Walla Walla, Washington territory, was received by his sister.
In the Estate of John Leslie Quig, upon the settlement of a
guardian's account, the ward not having been heard of for eight
years, the estate in the hands of the accountant was awarded to
an administrator appointed in pursuance of the direction of the
adjudication. All of this time the ward was living in Iowa; and
having in some way received information of what had thus taken
place, he afterwards petitioned for the appointment of a new
guardian, and the letters of administration were vacated.
Such instances are of constant occurrence; and in a case
referred to by Mr. Best (Presumptions, ^192, note 2), it is said
that the " vice chancellor of England declared that the old law of
presumption was, by the altered state of European society, be-
coming every day less tenable; for, by the facilities which trav-
eling by steam afforded, a man could now, in a very short time,
and without the least difficulty, transport himself to the back
woods of America, or to Van Dieman's land, where he might
never be heard from." This remark, which was made some forty
years ago, applies with much greater force at the present day,
when the facilities for travel, and the means of rapidly reaching
distant places, have been so wonderfully increased.
Digitized by VjjOOQIC
50 Culver v. Behee.
It is clear that the presumption should not be extended; and
if it should not be confined to cases where the circumstances are
such as reasonably to forbid any explanation of absence other
than death, it, at least, cannot apply to a case like the present,
where the fact that the person whose death we are asked to pre-
sume had appropriated trust moneys, and fled to escape the con-
sequences of his dishonesty, fully accounts for his absence, and
shows the strongest motive for silence and the concealment of
his whereabouts. See Watson v, England, 14 Sim. 28; Bourten
V. Henderson, z Sim. & Gif. 360.
The evidence of inquiry, it may be added, is wholly insufficient.
A single witness testified that he ** had asked people in New York
whether they had ever heard or known of him, but they never
heard anything;" and that he had written to the keeper of a
hotel in that city where the person had stayed for some time
after his flight, and, in reply, had been informed "that he had left
there, but did not tell where he was going to." ^
The question with regard to the allowance for nursing, etc., is
purely one of fact, and we are not convinced that the auditing
judge has erred in his findings.
Exceptions dismissed and adjudication confirmed.
Court of Common JpUos of Cujeruc Couutg.
Culver v, Behee.
Where judgment is entered by a magistrate in favor of the plaintiff by (iefiiiuli, the defendant not
appearing, it is necessary that the record show the hour as well as the day of entering judgment.
The opinion of the court was delivered January 2, 1883, by
Woodward, J. — Where judgment is entered by a magistrate
in favor of the plaintiff by default, the defendant not appearing,
it is necessary that the record show the hour a* well as the day
of entering the judgment. The transcript in this case does not
show the hour, and for this reason the proceedings must be
reversed. See 6 Phila. 309.
The proceedings are reversed.
Digitized by CjOOQIC
SHERIFTS SALES.
Abstract of propctty lo be aok) by Wm. CyiAadlty,
Sbcnff of Loserne county, on Satunlav, March xotfi,
A. D. 1883, at 10 o'clock A. M.. at the Arbitration
room, in the Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
liuch tlwy are number, to wit f
I
Suit of the Empire Building and Loan Association
V. John T. Walters.
158 April term, 1881. Debt, $566^3. Fi. ia. 96
March term, 1883. D. S. Bennet, Att'y-
The sor&ce of all that lot of land on the easterly side
ef Meade street, dty of Wilkes- Barre, being 40 feet
front on said stteet, and about ipo feet in depth, the
icsr end uf said lot being bouncled by a public alley ;
iaproTed, with a two-stonr ftame dwaling house,
fane ban, outhouses, and rruit trees thereon.
s
Suit of Cadiarine Youngblut t. Ferdinand Youngblut.
63 March term, 1883. Debt, 1231.50. Fi. £&. 93
Maich term, 1883. D. S. Bennet, Att'v.
AB that lot of land on Tanaecy street, city of Wilkes-
Bsrre. bounded northerly by J. Youngblut, easterly
by Johnson, southerly by A. Youngblut, and westerly
by Tannery street, being about 50 feet front on said
street, and 180 feet in depth: improved, with a i%-
sury frame dwelling house, bam, outbuildii^, and
frnit trees thereon.
Suit of the Wyoming Bunding and Loan Association
of Wnkes-Barre, No. a, v. Peter Wallace, and Peter
Wallace, Administrator, etc, of Hannah Mariah Wal-
bce, deceased.
89 November term, 1882. Debt, $750. Lev. &. 6
March term, 1883. £. G. Butler, Ait'y.
A lot in the city of Wilkes-Barre, b^nnii^ at a
stone corner on Wood street, thence ninoing back
northeast akmg the line of Sanford E. Parsons 100 feet
•0 a comer, thence along the line of Abraham Merrick
sod M. Wood southwest 40 fbet to a comer on Wood
ttrcet. thcacc aloag Wood strvt 45 feet to the place
of beginning, containing about s.*75 square feet: all
ianrovcdyWith a laigea^-storicddweUing house, bam,
and other outbuildings, and fruit trees thereon.
&iit of Aaroa Brown v. George Coray.
136 May term. 1881. Debt, 110,311.93. Lev. fe,
«S March term, 1883. Dickson & Atherton, Att'ys.
An the surfiace and right of soil in all that certain
: and parcel of land situate in the township of
939, p. 436, etc.: z lot to John McCarty, dated Novem-
ber 3, 1881 ; I lot to Thomas Manning, D. B. 316, p.
377, etc.; 1% lou to John McEwen, or Owen, D. H.
334, p. 139, etc.; I lot to Catharine Nicols, D B. 336,
p. 393, etc.; I lot to Catharine Mann, or Naan, D. B.
*37> P' 43 : I lot to Patrick or Michael O'Brien, dated
November 3, 1881 ; i lot to Mary Brown, dated Octo-
ber as, 1881 ; I lot to Mrs. O' Boyle, dated October 35,
f88i ; I lot to John Roach, D. B. 338, p. 4SS> etc.; i
lot to Rosanna McGovera. D. B. 337, p. 36; x lot to
John McGarhart ; 7 lots to James Hughes, 3 deeds, k
for 3 k>ts, dated April 33, 1883, other for 5 lou, dated
October 5, s88i ; 1 lot to Michael Diver ; i lot to John
Sullivan ; also i lot on back of lot towards mountain
to Caleb S. Maltby of 50 acres, dated April 6, 1877,
and recorded in D. B. 304, p. 301, etc.
The said land (not including that reserved) is im-
proved, with one large finrm house, six frame buildings,
an apple orchard of aoo bearing trees, one large bam,
and several outhouses thereon. About ao acres alto-
6 ether is laid out in building Igts. about 55 acres of said
ind is good forming land, and about 15 acres is good
timber lor mining purposes.
5
Suit of Abram Falrchiid r. Calvin Wadhams.
344 October term, 1883. Debt. #1,857. Vend. ex.
II March term, 1883 Hakes & Bennett, Att'y*.
1. The surface oTparts of certified lots 14 and 15 ia
the first division of Wilkes-Barre township, being the
whole ol town lots 33, 34, 37, »S ; two-thirds part undi-.
vided of 33, 39, mndyo, located on Franklin and Main
streets ; also parts of two 15-feet alleys adjoining said
lots 33 and 33, situate in the Fifteenth ward of the city
of Wilkes-Barre ; all improved.
2. Part of a 3-rod roaid in the dty of Wilkes-Barre,,
bounded on the northwest by lots x, 3, and 3 in the
certified township of Wilkes-Uarre, on the northeast
by a part of said road, on the southeast by lots 13, 14,
and iV in said first division, and on the southwest by
the Hanover township line, containing about z)4 acres
of land.
3. The surfoce of a k>t in the township of Wilkes-
Barre, bounded on the iKMtheast by Blackman street,
and on the other three sides by lands of the Frankiia
Coal Company, being about 87^ feet in front on said
street, and about 145 feet deep, with a i^-story frame
house thereon.
4. The two equal undivided thirds part of the surfiu:«'
of land not heretofore sold by Calvin Wadhams cc al.,
in the city of Wilkes-Barre, beginning at a comer on
piece and parcel of land situate in the township of '" "»^ J-"' "\ w ii».«»-««re, »cs.n.uuK «i « ^""'^l "»
tCfairtra, Lu»er»e county, Pennsylvania, bounded and the main road, thence by lands of the estate of AIe«.
doSlbedas fbUows, to wit: Bepnning at a comer onl McLean, deceased, 314 6-iopcrches to a comer, thence
die main road running through\aid township, being' 33 3- wp«rcJ>« «> a comer on line of Hanover town-
li»a comer of cro«i toad; thence along said cross »h»P» »»»"»« along same 314 6-10 perches to a stoae
«ad. N. 3334° W., 57« perches to stones <Jmer in line co™*"- «" »^« said^main road and thence by same 33
of the mobinain tier of the fourth division of said town- 3-««> Pfrchti to the place of bemnning. bemg a part of
tbip: thence along said line, S. 430 W.,37 7-10 perenes fe' '' *" the third division of Tots in certified Wilkes-
» a comer of norpart No, 5 in the partition of the real ^a^ township ; aU improved,
estate of ElQaih Shoemaker, deceased, now belongingi 6
joAeestateofChas^D.Shoenuker, deceased; thcncel Suit of Peter Seibel v. Oscar F.Gainesand H. A.
aloag said purpart No. 5, S. 33HO E.,3?9 3:'?,P<*«h« I Gaines.
toacomer 00 the back road ; UienoeS. 43^ W., x J-io January tenn, 1883. Debt, $»tB 73. Lev. &.
perchM to a corner ; thence S. 33^^.. «>long other „^H;^h teri. 1883. Mi/ler, Att'y.
part of parpart No 5 aforesaid s 3 perches to the main ^ lot of land in the borough of West Kttston, be-
toadaforeyid; and thence »»«»«J»«<1 road, N. jsK** ginning at a comer of Luzerne avenue, thence along
i.,4 perchea to the pUce of be^nnlng; containing 'J^jj ^y^^^e 50 feet to a comer, thence 330 feet to a
f«o acres of laad. more or leas ; be»g the same ^prem.|<^„^ ^ an aUey, thence along said alley 50 teet to a
thence 330 feet to the ^ce of beginning, con-
^ 11,500 square feet of land, more or less, being
. --^ — ,. . ,' . . ... ».' lot No! 997 on Luserac avenue,
bcretofere sold and released ; the said lots are 50 feet ^
front by tj$ feet in depth. The place of record of 7
deeds of uud lots in Luzerne County Recorder's ofllce. Suit of Samod Van Loon v. Martin Breiraan.
b given, so £ar as the same aie recorded. They are | 198 April term, iSSx* IHb^^tss.s*. Vend. ex. 5
uevise designated on the ground : r lot to P. C. Pil-, March term, 1883. Magee, Att'y.
|er, dated April i. 1881 ; i lot to Mary Tigue, D. B. j All that lot of mad on Franklin street, in theborcNM^h
'. p. $4ff, etc., X lot to A. Brown, dated October ss,|Of Plymouth, bounded on the southwest by Frankfia
itii ; I lot to R. C. Shoemaker et al.; t lot to William
tad Margaret McDowell, D. B. 337, p. 180; i lot to
fMrick Roeen, dated October as, x88i ; i lot to Dan'l
McAhster, X>. B. aao, p. 153, etc.; t lot to JaoMs Mc-
street, oa the southeast by land of A. J. Case, on the
northeast by land of Uoyd W. Williams, and on the
northwest by land of In Davenport, being 50 feet ia
front by xjo feet in depth ; all improved, aridi a twa-
D. B. aa6,p. t4,'etc7r < lot to John Afl cDermott, jstory frame dwelling house, with basement, and other
' t to William Jones, D. B. outoaltdings thereon.
33
36, i88t : I lot t
Digitized by VjjOOQIC
NOTICE IS HEREBY GIVEN THAT AN
application will b« made under the Act of Assem*
biy, entitled "An Act to provide for the incorporation
and regulation of certtin corporations/' approved agth
April, 1874. and the supplements thereto, for the incor-
poration of an intended corporation, to be called " The
Wyoming Accidental Insurance Company," the object
of which IS to insure workingmen of all classes against
accidents while at work.
W. H. HINES.
7-9 Solicitor.
AUDITOR'S NOTICE.
I'he undersigned, an Auditor, appointed by the
Court of Common Fleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the per-
' Konal pr )p«rty of LeGrand & Boyer, will attend to the
|duticsof his appointment, at the office of Alexander
W7UII, v> nuiw. v>wA~T>» . w» «. ^»>.^»..<^.<. •.^ Farnham, Esq., on Franklin street, in the city of
v.^ElUoTt Aidrich^ Admini^iVurr"of'G^^cTus7e'y,';Wi'*'**-*^*'''?N**^^.H^ i^V*\^ ^*y / March,
1883, at 10 o clock A. M., at which time and place all
Suit of the Anthracite Building and Loan Association
of Wilkcs-Barre, Pa., now in part to the use of Peter
Ward, Administrator of the estate of James Ward,
deceased, v. Daniel Sullivan.
166 November term, i88x. Debt, $709<>?- ^'^- ^^
20 March term, 188a. O'NeilL Att'y.
A lot of land in the township of Wilkes-Barre, be-
ffinning at a point in the Blackman road on the liue of
Kidder street, thence along Kidder street 210 feet to a
corner of lot No. 49, thence to the corner of lots Nos.
41 and 43, thence 310 feet to the line of the Blackman
road, and thence along the Blackman road to the place
of beginning, containing about 23,100 square feet of
land, more or less, being lot No. 41 on plot of lots laid
out b^ Ketcham et al.; all im
dwelling and outhuscs thereon.
9
Suit of Abram Goodwin, Jr., et al.. Executors, etc.
deceased,
104 January term, x88o,
March term, 1883.
All that lot of land in the township of Plymouth,
beginning at comer on old Ross Hill road and Mrs.
Lydia Jones' lot, and running along said Mrs. Jones'
lot northwesterly 100 feet to corner, thence by saidi - TTniTOP'c KnTtrv
Mn. lones' lot 40 feet to comer of said lt)t and fine of I A ^ H* dTI fi!iJi:^:i.i. .
land late belonging to John Gould, thence along said
Debt SS9^-44- Fi. fa. 4 persons having claims against said fund are notified to
* Lowell, Att'y. 'present the same, or be forever debarred from coming
- ~ '• < in on said fund.
R. D. EVANS,
Auditor.
1 7-9
l\ In Re indebtedness of Wright township. The
nging 10 jonn oou.o. inence a.ong sa«a,„„j^^. ^^ ^^ j^^„ appointed an Auditor to ascer-
line northwestcriy »53/cet or thereabouts to a ao-foot|j^,„ ^J marshal the imKbtcdness of the above town-
alley, thence along said alley 91 ^ feet to a corner t^j^j ^„ ^^^^^ ^^^ ^^^^ ^,^.^^ ^^ demands against
thence southeasterly 248H feet to said old Ross Hil j^e^^same are required to present them before me, on
road and thence along sa.d road southwesterly 50 feet,j^^^„^ ^,^^ ^ ^f f^^^^^y^ ,8g ^^ ,^ ,^^^^ ^;^
to the place of beginning: all improved, and having ■'* ^ SI STRAUSS
(•r#>rteH f hc^renn one two.storv frajne dwelling house « ^ * -^ * . A . .
erected thereon one two-story frame dwelling house
and outbuildings, and fmit trees. 7-9
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, enuiled "An Act to provide for the incorporation
and regulation of ceruin corporations," approved April
99, 1874, and the supplements thereto, for the incorpo-
ration of an intended corporation, to be called " Ihe
Hazleton Coffin and Casket Company," the character
and objects of which are the manufacture of and deal-
ing in coffins, caskets, and undertakers' supplies, and
materials of all kinds, and the manufacture of and
dealing in all kinds of wood work, cabinet, carpenter,
and building material.
GEO. H. TROUTMAN,
7^ Solicitor.
5-8
Au<fit(
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Fleas of Luxeme county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of C. D. Wells, urill attend to the duties of his
appointment, at his office, on Franklin street, in the
city of Wilkes-Barre, on Tuesday, Febmary 27, 1883,
at xo o'clock A. M., at which time and place all parties
interestea are notified to appear and present their
claims, or be debarred from coming in on said ftind.
HENRY A. FULLER.
5-8 Auditor.
ESTATE OF JOHN BLANCH ARD, DEC'D.
In Orphans Court of Luzerne county. In Re
I Petition of James Post and Joseph Blanchard, Admio-
listrators of said estate, for specific performance of coo-
VTOTICE IS HEREBY GIVEN THA-T AN^-^J'^l^^.^j^'^^^^^^
IN application will be made to one of the Judges ,,,^ J^j^g iiterested and named in the peUtion to
of the Court of Common Pleas of Luicme county , un- ^ ^^ ^^j ^^^^ ^^ ^^ ^he pmyer of thVpetiUon-
der the provisions of the Act of Assembly entitled ^SThall not be granted. &c. Bv tmk cVurt.
"An Act to provide for t^e incorporation and regula- Certified from the records, this tsth day of Febrtmry.
tion of certain corporation, approved April 29. »874,!j883. Joseph Hbndler, Clerk O. C,
and the supplemrnu thereto, on Monday, the 5th day "^ '' p^j. g 'j^ Crart Ass't
of March, 1883. at 10 o'clock A M., for the incorpo.| j„ pu^uance of the above order." notice is hereby
rotionof an intended corporation, to be called J he [given to Eveline Clark, Joseph Blanchard. John Rob-
Lxcelsior Comet Band, of West Pittston, the char- gj^AdaRobbiM. Clarence Robbins,MatUc Robbins,
acter and objectt of which are the practice and proino-{ William Robbins, Jackson Robbins, Caroline Post,
tion of music. w/acii:.d Mariah Savage, and Martha A. Bisher, children and
F. C. MOSIER, ,|j^i„ ^( jo,^„ Blanchard, deceased, and G. M. Wolf.
7-9 Solic itor. ,^o appear before Hon. D. L. Rhone. Judge of the
Orphans' Court, to be Held at Wilkes-Barre, Luxeme
NOTICE IS HEREBY GIVEN THAT AN count v, Penn-sylvania, «n Monday, the xalh day of
application will be made to the Court of Common' March. 1883, at 10 o'clock A. M. of said day, to answer
Pleas of Luzerne county, on Monday, March 5, 1883, the said petition,
at II o'clock A. M., under the Act of^ Assembly of the M. E. WALKER,
Commonwealth of Pennsylvania, entitled "An Act to j 7^ .j^ A ttorney.
provide for the incorporation 5u»d regulation of certain'
corporations."approved April 29th, 1874, and the sup- i TESTATE OF MICHAEL STEIN, LATE OK
plements thereto, for the charter of an intended corpo- Cj Dorrance township, deceased.
cation, to be called "The Freeland German Comet! Letters testamentary upon the above named estate
Band," the character and object whereof is for social ! having been granted to the undersigned, all pers<ms
enjoyment and the culture of music, and for these pur- having claims against the same will present them duly
poses to have, possess and enjoy all the rights, benefits authenticated for payment, and those indebted thereto
and privilegesofsaid Act of Assembly and supplemenu, will please make payment to
C. W. KLINE, I GliO. H. HINKLEMAN,
6-8 Solicitor. .7-12 Executor. .
34
Digitized by VjjOOQIC
SHERIFF'S SALES.
Abstract of property to he sold by Wm. O'Malley,
Sheriff of Luzerne county, on Saturday, March ^d,
A. D. 1883, at 10 o'clock A. M., at the Arbitration
room, in the Court House, Wilkes-Barre, who will
proceed with the diflferent properties in the order in
which they are numbered, to wit :
I
Suit of Christian H. Sherer, assigned to William B.
Miichel. V. Arnold Bertels.
, 1016 September term, 1878. Debt, ^,§00. Fi. fa.
a March term, 188^. Dane, Jr., Atl'y.
All the one-third part undivided of all uie following
described pieces of land, in th^ city of Wilkes-Barre,
to wit:
X. Beginning at a comer of lot of A. Bertels on a
street running nearly east from Main street, at a point
nearly opposite Wood street, thence along line of said
Benels' lot about 120 feet to a comer, thence about 20
feet to a comer, thence about d6 feet to land sold to
Jacc^ Farrek. thence along said Fanrek's land about
zao feet to said street, thence along said street 20 feet
to the place of beginning, containing about 3,400 square
feet of land.
a. Beginning at a comer on the southeast side of
Careytown road, thence at right angles to said road
along line of lot now or late of Charles Morgan & Son
204 feet to line of the old Lehigh and Susquehanna
Railroad, thence in a southerly direction along said
railroad about 45 feet to a comer of lot now or late of
Simon Long, Trustee, thence along said Long's lot 227
feet to said Careytown road, thence northeasterly along
said road 40 feet to the place of beginning, conuining
8,620 square feet of land, being lot No. 7 as shown on
plot made by C. Scharer.
^. Beginning at a comer of land now or late of Abi-
gail Hotchkiss, and mnning thence along the line of
Canal street 3 perches to a comer, thence adjoining
land now or late of Jesse Fell 8 perches to a comer,
thence to a comer on land of satf tesse Fell 3 perches, |
thence oa the Une of Abigail Htttchkiss' land 8 perches |
to beginning, containing 24 squJire perches of ground, l
4. Beginning at a corner on Washington street,
thence 244 feet to a comer, thence 40 feet to a comer, |
thence along land of the Jewish Synagogue 2^ feet tO'
said Washington street, and thence along said street
40 feet to the place of beginning.
5. Fronting on Scott street, between Pine street and
Baltimore lane, the same being about 50 feet front on
said Scott street, and extending in the same width to
the depth of 150 feet, containing 7.500 square feet of
land.
6. Beginning at a comer on the northwest side of
Oregon street, at the south comer of lot now or late of
Leri King, thence along said Oregon street 56 feet 10
inches co a comer of lot now owned by John E James,
thence along said James* lot 146 feet 10 inches to the
school house lot, thence 57 feet 3 inches to said Levi
King's lot, thence about 140 feet to said Or^on street,
the place of beginning, conuining about 8,153 square
feet of land.
7. Beginning at a comer on Bamey street about 80
feet west from Wood street, and in line of land sold to
Oiailes Feuerstein. thence at right angles to said Bar-
ney street and along said line about xoo'feet to land
late ot Henrv House, thence along the same and par-
allel with said Bamey street lao feet to land late of
Mrs. Mann, thence along said Mann lot about too feet
ID said Barney street, thence dlong said street about
xao feet to the place of beginning, containing about
Z3,ooo square feet of land.
8 Being the surface of those two lots adjoining, on
the northeast side of Parrish street, beginning at a
oomer aboat 330 feet from Hazle avenue, thence at
right angles from said street about 200 feet to land for-
merly of Jonathan Jones, thence along the same par-
allel with said street 80 feet to a comer, thence at right
angles to line of said Jones lot about aoo feet to said
I^rrish street, and thence along said street about 80
feet to the place of beginning, containing about 16,000
square feet of land.
9. AU that piece of lafM in the township of Lake,
commencing on the comer of lands in the warrantee
^ames of Alien Bump and Herman Chambers north
351 perches to a comer, thence east 338 perches along
line In warrantee name of A. Bailey to a corfter, theface
south 357 perches along line of lands in warrantee
names of Amasa Bailey and Adam Mann, thence west
^2854 perches along line of warrantee names of Allen
Bump and Nancy Mann to a comer, being a tract of
land in the warrantee name of Amasa Bailey, contain-
ing 474 acres and allowance ; unimproved.
a
Suit of Oscar J. Harvey, assigned to Olin F. Harvey/
V William P. Rudolph and Manha £. Rudolph, his
wife.
433 May term, 1883. Debt, I817 61. Al. lev. fit.
X March term, 1883. Harvey, Att'y.
A certain piece of land in the city of Wilkes-Barre,
beginning at a corner on Orchard street, thence by the
same 40 feet to a corner, thence 300 feet to a corner,
thence 40 feet to a corner, thence 300 feet to the place
of beginning ; all coal and other minerals reserved to
Reading & Hunt ; improved, with one two-story frame
dwelling house and outhouses thereon. 6-8
LUZERNE COUNTY ss:
In Re Assignment ot A. N. Meylert for the ben-
efit of creditors. Notice la hereby given that the
Executors of the last will and testament of H. B.
Wright, deceased, have exhibited and filed a final^
account ot the said H. B. Wright, Trustee for the
csute of A. N. Meylert, which account will be con-
firmed and allowed on the 5th day of March, 1883,
unless cause is shown to the contrary.
JAMES M. NORRIS,
6-8 Prolhonotary.
IN THE COURT OF QUARTER SESSIONS
of Lurerae county. No. 161, December sessions,
1882. In Re Division of the township of Lehman
into Election District. Notice is hereby given that
the report of the Commissioners in the above stated
case has been filed with the Clerk of the Court of
Quarter Sessions, and was confirmed nisi by the court
on the 29th of January, 1883, and that said report
will be confirmed absolutely oy the court, unless ex-
ceptions thereto be filed not later than the third day
of the next term of said court.
LOUIS K. STRENG,
5-7 Clerk Q. S.
ESTATE OF ELIZABETH KNAPP, DEC'D.
In Orphans' Court ol Luzeme county. In Re
Petition of John Cooper for appointment of*^ Guardian
ad litem for children of Joseph D. Cooper, etc.
Now, 5th February', 1883, rule is granted to shoi#
cause why the said minor children of Joseph D.Cooper
shall not appear in court on or before the 5th day of
March, 1883, and choose Guardians to represent tnen^
in this estate, and in default thereof to show cause why
John Cooper, the petitioner, should not be appointed
Guardian ad litem. Notice to be given by advertise-
ment in one weekly newspaper in said county for three
weeks, a copy of said newspaper to be mailed to the
last residence of Sarah Cooper, mother of said minor
children. By thb Court. !
Certified from ihe records, this 7th February, 1883.
JOSEPH HENDLER, Clerk O. C,
Per B. M. Craky, Ass't. «
F. C. STURGES,
Attomey. 6-8
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 52, November term, x882. Libel m divorce a
vinculo matrimonii. Mary j^. Morgan, by her next
friend, David Maxey, v. David C. Morgan. The alias
subpoena in the above case having been returned non
est inventus, you, the said David C. Morgan, are here-
by notified to appear at said court, on Monday, March
5, 1883, at XX o dock A. M., to answer the complaint
therein filed. 1
WILLIAM O'MALLEY,
GEO. H. TROUTMAN, Sheriff.
Solicitor. 6-9
35
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LUZERNE COUNTY, tt :
In the Court of Common Pleat of said county.
No. 643, October term, 1883. Libel in divorce a vin-
•culo matrimonii. Phoebe Morris, by her next friend,
John T. Jones, v. William D. Moms. The alias sub-
poena in the above case having been returned non est
inventus, you, the said William D. Morris, are hereby
notified to appear at said court, on Monday, the 5th
day of March, 1883, at xo o'clock A. M., to answer the
■complaint therein iled.
WILUAM 0'MAU,EV,
C. W. McALARNEY, Sheriff.
Solicitor. 4-7
ESTATE OF JANE MYERS, LATE OP
Kingston, deooued.
Letters of administration -upon the abore aamed
estate having been granted to the undersigned, all per-
sons having claims against the same vrlU present then
for payment, and those indebted thereto will please
make immediate payment to
D. S. BENNET,
9-7 Administrator.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 63, November term, 1880. Libel in divorce a
vinculo matrimonii. Sanh Ann Elliot, by her next
friend, Elisabeth Holdsworth, v. Tames Elliot. To
James Elliot — Please take notice that the court has
granted a rule on vou to show cause why a divorce a
<vinculo matrimonii shall not be made and entered in
&vor of the libellant, service of the original and alias
gnbpoenas having &iled on account or your absence.
Returnable on Monday, March 5, 1883, at 10 A. M.
ALFRED bAR^E, Jr.,
•6-7 Solicitor.
ESTATE OF CORNELIUS DOUGHERTY,
late of Ashley, deceased.
Letters of adminisitration up<m the above aamed
estate having been granted to the undersigned, all per-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
ELLEN A. CARLE,
2-7 Administratrix.
ESTATE OF JUUA M. TITCOMB, LATE
of Ashley. decea%fd.
Letters of administratkm upon the above named
estate having been granted to the under&igned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
W. B. HARROWER,
3-7 Administrator.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 597, October term, 1882. Libel in divorce a vin-
culo matrimonii. Hannah Barker, by her next friend,
William Kiiching, v. Francis Barker. The alias sub-
poena in the above case having been returned non est
Inventus, you, the said Francis Barker, are herebv
notified to appear at said court, on Monday, the sth
4ay of March, 1883, *' 10 o'clock A. M., to answer
•Ihe complaint therein filed.
WILLIAM O'MALLEY,
EDWARD A. LYNCH, Sheriff.
Solicitor. 6-9
ESTATE OF JOHN BARNEY, LATE OF THE
borough of Nanticoke, deceased.
Letters of administrauon upon the above named
estate having been granted to tne undersigned, all perw
sons having claims against the same will present theaa
for payment, and those indebted thereto will please
make unmediau payment to
CATHARINE BARNEY,
6-ix Administratrix.
LUZERNE COUNTY, si :
In the Court of Common Pleas of said county.
No. 113, February term, t88a. Libel in divorce a vin-
<culo matrimonii. Janet Weir, by her next friend,
Albert W. Detrick, v. William Weir. To William
Weir — Please take notice that the court has granted a
role on you to show cause why a divorce a vinculo
faatrimonii shall not be made and entered in favor of
ihe libellant, service of the subpoena having failed on
account of your absence. Returnable February 23d,
1S83, at xo o'clock A. M.
F. C. MOSIER,
€-f Solicitor.
ESTATE OF ELIZABETH CONNELL, LATE
of Pittston, deceased.
Letters testaaientary upon the above named estate
having been granted to the undersigned, all persons
baying daiara against the same will present them for
payment, aDd those indebted diereto will please make
imiaediate payment to
J. A. COLLIER,
JOHN H. MULLiN,
F. C. MOSIER, Executors
Attorney. 5-
ESTATE OF REV.<1IAS. A. MATTINGLY,
late of Nanticoke, deceased.
Letters testamentary upon the above named estate
having been granted to tne undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please osake
immediate payment to
REV. THOMAS J. RAY,
REV. TIMOTHY J, DONOHUE,
^-cx Executors.
ESTATE OF HIRAM GEORGE, LATE OF
Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will prcMnt them
for payment, and those indebted thereto will please
make immeaiate payment to
AMANDA GEORGE.
F. C. STURGES, Administratrix.
Attorney. a-f
ESTATE OF ANTHONY MEYERS, LATE OF
Hazleton, deceased.
Letters of adminisintJon upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immecuate payment to
H. W. MEYERS,
A. R. BRUNDAGE, Administrator.
Attorney. 5-10
ESTATE OF MARTHA FAIRCHILD. LATE
of Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
them
sons having claims against the same will present
for payment, and those indi'
make immediate payment to
for payment, and those indebted thereto will plea
inu
36
SAMUEL UNE,
BENNETT & NICHOLS, Administrator.
Attorney. 5-to
ESTATE OF JOHN GILLESPIE, LATE OF
Haxle townMip, deceased.
Letters of admimstration upon the above named
estate baring been granted to the OBdersigned, all perw
sons haying claims against the same will preaeat them
Cbr parent, and those iadcbted thereto will please
make immediate payment to
OtrSN GILLESPIE,
JOHN D. HAYES, Administnilor.
Attfliraey. s^"*
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ORPHANS' COURT SALE.
Estate of Oitharine Stout, deceased. By virtue
of an order of the Orphans' Court of Luseme county,
there wQl he sold at public sale, at the Arbitration
room. Court House, at Wilkes-Barre, on Saturday,
Mardi to, 1883, at 10 o'clock A. M ., all that piece of
land in Salem township, bounded northerly by the
Penilsyhrania Canal, easteriy by lands of Catharine
Stukey and Daniel Brobst, southeriy by the Susque-
hanna river, and westerly by lands of Josiah F. Beach,
now James Lockard, containing one acre, more or less ;
improved, with two x)4-«tory frame dvrelling houses
and other small outhouses theteon, also some fruit trees.
TsRMS OP Salb— ^50 cash down on day of sale, and
the balance of purchase money on confirmation of sale
and delivery of deed.
WESLEY RABERT,
T. R. MARTIN, Administrator.
Attorney. 7-9
ESTATE OF EDMUND GRIMES, LATE OF
Plymouth, deceased.
T..etters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
th^sm for pavment. and those indebted thereto will
please make immediate payment to
DAVID GRIMES,
GEO. W. SHONK, Administrator.
Attorney. a-7
ORPHANS' COURT SALE.
Estate <tf James Gallagher, deceased. By virtue
of an order of the Orphans Court of Luierne county,
the undersigned will sell at public auction, on the
premises, at Haxleton, on Thursday, the 15th day of
March. 1883, at a o'clock P. M., all that lot of ground
in the borough of Haxleton, which originally consisted
of two lots oTground, bounded and described as follows :
The one lot is on the southwest comer of Wyoming
and Maple streets, containing fn breadth or front on
said Wyoming street 30 feet, and extending of that
breadth in lenghth or depth along the south side of
Maple street xoo feet to a ao-foot wide street.
1 DC other is on the west side of Wyoming street,
commencing at a disunce of lao feet northward from
the north side of Green street, containing in front or
breadth on said Wyoming street 30 feet, and extending
of that breadth in length or depth westward 190 feet to
a ao-foot wide street.
Both the lots being contiguou^^^md to be sold as one
lot, betoK 60 feet in fix>nt or breadth, and 190 feet in
depth or length. All improved, with a two-story frame
dwelling house and outbuildings thereon.
TsBBis OF Sals— ao per cent cash, and the balance
on confirmation.
JAMES F. GALLAGHER,
7-9 Administrator,
ORPHANS' COURT SALE.
Esute of Lewis Weidenbach, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exjposed to public sale, on the premises,
in Haxleton, on Saturday, March 10, 1883, at a o'clock
P. M., a lot of ground on the south side of West Broad
street, in the Dorough of Haxleton, bounded on the
north Broad street, on the east by lot of Susan E.
Bright^ on the south by Mine street, and on the west
by 10c of F. Lauderbum, containing in front on said
Broad street 19 feet and 4 inches, and extending of this
width back to Mine street 150 feet; upon which is
erected a two-story frame building, used as a store by
Powell Bipthers & Harris, together with joint use of
chimney situate on the division tine of said property
on the east, and to remain unchanged as long as build-
inn are unchanged.
Tbkms op Salb — a< per cent cash on day of sale, as
per cent on confirmation of sale, nod the balance tn six
n<mths from day of sale ; to b««ecured by bond and
mortgage, with Interest.
JOHN G. SEAGER,
C. W. KLINE, Adm'r d. b. n. c. t. a.
Attorney. 7-9
ESTATE OF EPHRAIM R. KITTLE, LATE
of Ross township, deceased.
Letters of administration upon die above named
estate having been granted to the undenigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto wilt please
make immediate payment to
WILLIAM E. KITTLE,
M. CANNON, Adminbtrator d.b.n
Attorney. a-7
ESTATE OF JOHN BEHEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon die alwve named estate
having t>een granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MERCY B. BEHEE,
L. D. SHOEMAKER, Executrix.
Attorney. a-7
ESTATES TO BE AUDITED BY THE
Orphans' Court of Luzerne county. Notice u
hereby nven tliat accounts have l>een tiled and con-
firmed aosotutely by the court in the following estates :
X. George Klinger; Joseph McMurtrie and Gideon.
D. Klinger, Executors ; 6th March, x88^.
a. John Gross ; Samuel Benner, Administrator ; 6di
March, 1883.
3. Benjamin Chandler ; Abram C. Cliandler and D.
A. Reeves, Executors ; Tlh March, x88q^.
4. M. L. Everett; Isaac Everett, Executor; 8th
March, 1883.
5. James Casterline; Joaeph Casterllne, Adminis-
trator; 8th March, 1883.
6. Silas Callendar; Clark Catlendar, Administrator ;
9th March, 1883.
The accountt enumerated and designated in the
al>ove list will l>e audited by the court. In the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they see fit, and present their claims against saia
esute, or forever thereafter l>e deliarred from coming
in upon said fund.
JOSEPH HENDLER,
7.9 Qerk O. C.
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
tliat widows' appraisements in the following estates
have l>een approved nisi by the Orplians' Court of
Luzerne county, and, unless exceptions are filed, will
1>e presented for final approval on Monday, the 5th
day of March, 1883 :
Robert Helm, Daniel Van Scoy, Thomas Hutchins,
Samuel Wolf, James C. Howells, Wm. H. Sperring,
and Hiram George, deceased.
JOSEPH HENDLER.
7-9 Clerk O.C.
ESTATE OF CHARLES PIKE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters of administration upon the atx>ve named
estate having l>een granted to the undersigned, all per-
•ons having claims against the same will present them
for pavment^and those indebted thereto will please
make immediate payment to
BELINDA A. PIKE,
A. DARTE, Jk., Administratrix.
Attorney. a-7
MoLEAN & JACKSON,
Attorneys at Law,
WiLiu»-BAjutB, Pa.
CHA8. D. FOSTER,
Attorney at Law,
Wilkbs-Barrs, Pa.
37
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Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, February 23, 1883. No. 8.
Suprntie (Eourt of Ipeimagteania.
Lavery V, Commonwealth.
The act of May i, 1861.. which provides that upon the arrest of a defendant for certain crimes therein
defined, upon demand of the defendant, the justice shall call a jury of six and try the offense, it
constitutional.
Error to the Court of Common Pleas of Crawford county.
The opinion of the court below was delivered by
Church, P. J. — The record in this case shows the plaintiff in
error and defendant before the justice of the peace was arrested
on the 24th of October, i88i, upon the complaint of Jeremiah
Mahoney, charging him with having committed an assault and
battery upon him, the complainant. The defendant was arrested
and brought before the justice of the peace. The complaint was
read aloud to him in his hearing, and he pleaded not guilty, aud
demanded to be tried before the justice and a jury of six men;
whereupon the justice proceeded in accordance with the act of
the 1st of May, i86i, issued his venire, organized a court as pro-
vided by that act, and tried the defendant, and the verdict was
guilty. Upon the defendant's conviction and sentence, he re-
moved the proceedings to this court for reversal, and now assigns
for error that the act of May ist, 1861, is unconstitutional, and
therefore void, in that it deprives him of the common law trial by
jury. The only question, therefore, is, whether the act of May
1st, 1 86 1, is constitutional or not. It is an act entitled "An act
to change the mode of criminal procedure in Erie and Union
counties." It was approved May 1st, 1861, and by act of April
1st, 1863, it was extended to Crawford county, and was subse-
quently extended to various counties throughout the Common-
wealth, until probably one-half or two-thirds of the counties have
it in operation within their borders.
In the light of what has b^en so ably said, we approach this
Digitized by VjjOOQIC
52 Laverv 7a Commonwealth.
act of 1861. It provided, among other tilings, that upon the
arrest of the defendant for certain crimes therein defined (the
lower grades of misdemeanors and some of the lower grades of
felonies) the justice, upon the demand of the defendant, and not
otherwise, but only on the demand of the defendant, constitutes
a court to which he subjects the defendant by calling a jury of
six and trying the defendant in due course of common law. In
this connection, it is to be borne in mind that the act was passed
in 1 86 1, and it has, therefore, been in operation in at least two
counties of the Commonwealth for over twenty-one years, and in
many counties for various terms, the last legislation being ten
years ago. The fact that the constitutionality of the act of
Assembly has not been called in question heretofore, and has not
received from the highest tribunal of the Commonwealth any
adjudication, we think ought to be at least persuasive evidence
that the act is not in conflict with the constitution of the State.
It is alleged that it is in conflict with the sixth section of article
I of the bill of rights — "trial by jury shall be as heretofore, and
the right thereof remain inviolate" — and the tenth section of the
same article — *' no person shall for any indictable offense be pro-
ceeded against criminally by information, except in cases arising
in the land and naval forces, or in the militia when in actual
service, in times of war or public danger, or by leave of the court
for oppression or misdemeanor in office. No person shall for
the same offense be twice put in jeopardy of life or limb ; nor
shall private property be taken or applied to public use without
authority of law, and without just compensation being first made
or secured." If it were necessary for a determination of the case
it might possibly well be argued that when the constitution of
1873 said that "trial by jury shall be as heretofore," heretofore
might mean before the adoption of the constitution of 1873, "^^^
before the constitution of 1776, 1790, or 1838, but before the
constitution of 1873. This act of Assembly was in operation in
1 86 1, twelve years prior to the adoption of the constitution of
1873; hence, in technical strictness, permission to a justice of the
peace to try an offense before a jury of six in accordance with
that act of Assembly would leave trial by jury as heretofore; that
is, prior to the adoption of the constitution of 1873, I do not
think it necessary, however, to strain the point of construction
Digitized by VjiOOQ IC
Laveky V, Commonwealth. 5y.
that far. It is to be borne in mind that this jury of six can only
be invoked when the defendant himself demands it. Judge
Trunkey. in the case of Commonwealth v, Saal (lo Phila. 496)^
when he was on the Common Pleas bench of Mercer county, in
considering the act of 1 87 1, known as the Mercer county liquor
law, decided that upon the compulsory feature of the sixth sec-
tion of that act, wherein either party could demand a jury trial,
and against the protest, perchance, of the defendant, that so much
of that section was unconstitutional; but he expressly said "this
decision does not interfere with the right of the defendant to
plead guilty before a justice, or demand a trial by a justice and
six persons. When he does so, the justice will proceed in like
manner as in other criminal cases wherein jurisdiction has been
given to the justice for final jurisdiction at the request of the
defendant. But when the defendant refuses to plead, and refuses
a trial before a justice, then the justice will hear the case, and if
cause appear, hold him to answer at the next term of the Court
of Quarter Sessions, as in other criminal cases."
If trial by jury and proceeding by information, as this is called,
is a constitutional right, why is it not a right that a defendant
may waive? A defendant may waive a constitutional provision
in his favor. Section 10 of article i. of the bill of rights says:
" No person shall for the same offense be twice put in jeopardy
of life or limb." A defendant convicted of an offense who applies
for a new trial, and receives it, waives the privilege of section 10.
The defendant has volunteered to put himself in jeopardy of life
and limb. He is tried twice for the same offense, and it is done
with his consent. Section 9 says: "In all criminal prosecutions
the accused hath a right to be heard by himself and his counsel,"
and so on. If he pleads guilty to an indictment, he waives that
privilege, as also the privilege of a trial by jury according to the
course of the common law, or any other law. And further, by
section 9, he h^ a right to meet the witnesses face to face, "and
to have compulsory process for obtaining witnesses in his favor,
and in prosecutions by indictment or information a speedy public
trial by an impartial jury of the vicinage," Very many times in
the trial of a cause depositions are taken, and the witnesses are
not present in court, so the testimony taken in a former trial is
read against him upon a second trial. It is done by the consent
Digitized by VjjOOQIC
54 Lavery V, Commonwealth.
of the defendant, and so far it is a waiver by the defendant of the
privileges of the bill of rights. The defendant is also entitled to
a speedy public trial by a jury of the vicinage, and he applies for
a continuance (it may be for one, two, or three weeks), and does
not demand a speedy public trial, does he not, then, waive a
privilege of the bill of rights?
I might enumerate many other cases wherein individuals have
waived, where they conceived it to be for their own benefit, the
privileges of the bill of rights and the provisions of the constitu-
tion. I think this act of Assembly, wherein it gives this defend-
ant the right, if he so elects and demands, to be tried before a
justice and jury of six, without the delay and expense of a trial
in court, is perfectly legitimate, and not in violation of any con-
stitutional provision.
It is said that the defendant's consent cannot give the court
jurisdiction of an offense. That is very true. But it is not con-
sent that gives jurisdiction in this case: it is the act of Assembly
that gives jurisdiction, and the justice allows that act of Assembly
to operate in the defendant's favor upon his own personal demand.
The suggestion that consent cannot give the court jurisdiction is
also to be taken with a grain of allowance. Courts do sometimes
obtain jurisdiction by consent, and make decrees that are enforced,
and the jurisdiction of the court would be adhered to. For ex-
ample, the Common Pleas and Orphans' Court have each juris-
diction over the proof of contracts of decedents and partitions of
decedents' estates. In some, at least, of these cases a party may
and does choose his own forum, and hence jurisdiction, or the
right of making a decree, is, to some extent at least, dependent
upon choice or consent. So with the equity side and common
law side of the court. A suitor proceeds on the equity side of
the court where the common law side of the court has jurisdic-
tion, and if no objection by the opposite party or by the court
itself is interposed, their decrees are legitimate and have full
force. Hence it cannot be exactly true, in the broad acceptation
of the term, that consent cannot give jurisdiction. However, in
the case before us, it is not consent, but the act of Assembly,
which gives jurisdiction.
I cannot, therefore, conceive that this act of Assembly is un-
constitutional in any sense or respect, and, therefore, the excep-
tions are overruled, and judgment and sentence are affirmed.
Per Curiam (December ii, 1882) — This judgment is affirmed
upon the opinion of the learned judge in the court below.
Judgment affirmed.
Digitized by VjjOOQIC
SHERIFF'S SALES. 229, p. 4»C,ctc.; i lot to John McCarty, dated Novcm-
Absiract of property to be sold by Wm. O'Malley, bcr 2, i88i ; 1 lot 10 Thomas Manning, D. B. 216, p.
Sheriff of Luieme county, on Saturday, March loih, 377, etc.; ij^ lot-s to John McEwcn, or Owen, D. H.
A. D. 1883. u 10 o'clock A. M.. at the Arbitration 224, p. 139, etc.; 1 lot to Catharine Nicols, D B. 226,
room, in the Court House, Wilket-Barre, who will p. 292, etc.; 1 lot to Catharine Mann, or Naan, D. B.
proceed with the different properties in the order in 1-^27, p. 43; i lot to Patrick or Michael O'Brien, dated
which they are number, to wit : 1 November 2, 1881 ; i lot to Mary Brown, dated Octo-
X jber 25, 1881 ; i lot to Mrs. O'Boyle, dated October 25,
Suit of the Empire Building and Loan Association 1881 ; i lot to John Roach, D. B. 228, p. 455, etc.; 1
V. John T. Walters. jlot to Rosanna McGovern. D. B. 227, p. 26; i lot to
158 April term, 1881. Debt, ^566.93. Fi. fa. 26 John McOarhart ; 7 lots to James Hughes, 2 deeds, i
March term, 1883. D. S. Bennet, Att'y. jfor 2 lots, dated April 22, i88a, other for 5 lots, dated
The surface of all that lot of land on the easterly side October 5, 1881 ; i lot to Michael Diver; i lot to John
of Meade street, city of Wilkes-Barre, being 40 feet | Sullivan; also 1 lot on back of lot towards mountain
front on said stteet, and about loo feet in depth, the 1 to Caleb S. Maltby of 50 acres, dated April 6,1877,
rear end uf said lot being bounocd by a public alley ;
improved, with a two-story frame dwelling house,
frame bam, outhouses, and fruit trees thereon.
s
Suit of Catharine Youngblut t. Ferdinand Youngblut.
63 March term, 1883. Debt, ^231.50. Fi. ta. 23
March term, 1883. D. S. Bpnnet, Att'y.
All that lot of land on Tannery street, city of Wilkes-
Barre. bounded northerly by J. Youngblut, easterly
by Johnson, southerly by A. Youngblut, and westerly
by Tannery street, being about 50 feet front on said
street, and x8o feet in depth; improved, with a i^-
story frame dwelling house, bam, outbuildings, and
fhitt trees thereon.
Suit of the Wyoming Building and Loan Association
and recorded in D. B. 204, p. aoi, etc.
The said land (not including that reserved^ is im-
proved, with one large farm house, six frame buildings,
an apple orchard of 200 bearing trees, one large bam,
and several outhouses thereon. About 20 acres alto-
f^ether is laid out in building lots, about 55 acres of said
and is eood farming land, and about 15 acres is good
timber tor mining purposes.
5
Suit of Abram Fairchild v. Calvin Wadhams.
344 October term, 1882. Debt. ^1,857. Vend. ex.
IX March term, 1883 Hakes & Bennett, Att'ys.
X. The surface of parts of certified lots 14 and 15 in
the first division of Wilkes-Barre township, being the
whole ol town lots 23,24, 27, 28; two-thirds part undi-
ofVilkes-Barre, No. a, v. Peter Wallace, and Peter vided of 22, 29. and^o, located on Franklin and Main
Wallace, Administrator, etc.. of Hannah Mariah Wal-lf^rcet*; also pa^* ^^ ^^V^V,"' »"fy* adjoining said
lace deceased I'ots 22 and 23, situate in the rifteenth ward of the city
89' November term. x88a. Debt.1750. Lev. fa. 6 o<"Winces-Barre; all improved.
- • - E. G. Bi
March term. 1883. E. G. Butler, Att'y.
A lot in the city of Wilkes-Barre, beginning at a
stone coTBer on Wood street, thence running back
northeast along the line of Sanford E. Parsons 100 feet
to a comer, thence along the line of Abraham Merrick
and M. Wood southwest 40 feet to a comer on Wood
street, thence along Wood street 45 feet to the place
of fa^innin^, containing about 5.37S square feet : all
hnproved.with a largea^-storieddwclliiig house, bam,
and other outbuildings, and fmit trees thereon.
Suit of Aaron Brown v. George Coray.
1^6 May term, 1881. Debt, $10,311.92. Lev. fa,
as March term, 1883. Dickson & Athcnon, Ait'ys.
AH the surface and right of soil in all that certain
Pan of a 3-rod road in the city of Wilkes-Barre,"
bounded on the northwest by lots i, 2, and 3 in the
certified township of Wilkes-Barre, on the northex*t
by a part of said road, on the southeast by lots 13, 14,
and ij; in said first division, and on the southwest by
the Hanover township line, containing about 1% acres
of land.
3. The surface of a lot in the township of Wilkes-
Barre, bounded on the northeast by Blackman street,
and on the other three sides by lands of the Franklin
Coal Company, being about Z^% feet in front on said
street, ana about 145 feet deep, with a i^-story frame
house thereon.
4. The two e«]ua1 undivided thirds part of the surface
of land not heretofore sold by Calvin Wadhams et al..
Kiece and parcel of Und situate In the town.ship of '" ^^^ city of Wilkcs-Barrc, beginning at a corner on
Lingston, Luzeme co«inty. Pennsylvania, bounded and the mam road, thence by lands of the estate of Alex
described as follows, to wit : Beginning at a corner on
the main road mnning through said township, being
aiso a comer of cros.*i road ; thence along said cro»s
McLean, deceased, 214 6-10 perches to a comer, thence
33 3-1^ perches to a corner on line of Hanover town-
ship, thence along same 714 6-io perches to a stone
road, N. 33^^° W, 578 perches to stones corner in line comer on the said mam road, and thence by same 33
of the mountain tierof the fourth division of said town.]3->o pcrches to the pl.^cc of beginning, being part ol
ship; thence along said line, S. 43" W.. it 7-xo otrcncs lot 21 in the third division of lots in certified NVilkes-
'^^ the
^, „ ^^W.,37 7-xopercnes
to a comer of purpart No. 5 in the partition of the real
estate of Elijah Shoemaker, deceased, now belonging
to the esuteof Chas. D. Shoemaker, deceased ; thence
along said purpart No. 5, S. 33^4° E., 379 3-10 pcrches
tt> a corner on the back road ; thence S. 4^° W., i 8-10
perches to a comer; thence S. 33^4° E., along otherL^-^jJJ'j^^^'JJ'J'g^
Barre township ; all improved.
6
Suit of Peter Seibel v. Oscar F, Gaines and H. A.
^i Gaines.
320 January term, 1883. Debt, $218 72. Lev. fa,
^ _,_ 1 12 March term, 1883. Miller, Att'y.
part of purpart No 5 aforesaid a 3 perchesto the mami ^ lot of land in the borough of West Pittston, l>e-
road aforesaid ; and thence alongsaid road, N. ^sK"* ginning at a corner of Luzerne avenue, thence along
L.,4 perches to the place of fesmning; containing jj^^ij ^^^^^ f^^t to a corner, thence 230 feet to H
140 acres of hnd. more or less ; being the same prem-i^^rn^r on ^„ j^l, ,hcnce along said alley 50 feet to a
tteswnvcved to the said George Corav from Danielicomer thence 230 feet to the place of beginning, con-
Scarie ancf John M. Siark by deed dated Apnl ^, 1877. 'laining xx.500 square feet of land, more or lessf being
Excepting, however, frona this sale the followfng loU I j^j jjo 997 on Luzerne avenue,
heretofore sold and released ; the said lots are 50 feet; '^
from by 175 feet in depth. The place of record ofl 7
deeds of said lots in Luzeme county Recorder's office { Suit of Samuel Yan Loon v. Martin Brcnnan.
b given, so far as the same are recorded. They .ire 198 April term, i88t. Debt, ^122.52. Vend. ex. 5
likewise designated on the ground :^^x lot to F. C^ Pi!- March term, 1883. Magee, Att'y.
All that lot of land on Franklin street, in the borough
, of Plymouth, bounded on the southwest by FrankHn
I street, on the southeast by land of A. J. Case, on the
I northeast by land of Lloyd W. Williams, and on the
ger, dated April x, 1881 ; i lot to Mary Tieue, D
128. p. 54X, etc., I lot to A. Brown, dated October 25,
1881 ; I lot to R. C. Shoemaker et al.; x lot to William •
and Margaret McDowell, D. B. 227, p. x8o ; x lot to 1 ^ _, ^ ,
Patrick Rogers, dated October 25, 1881 ; i lot to Dan'lj northwest by land of Ira Davenport, being 50 Icet in
McAlisier, £>. B. 220, p. 153, etc.; x lot to lames Mc- front by 150 feet in depth ; all improved, with a two-
Quade. D. B. aa6, p. 84, etc.; x lot to John McDermott, story frame dwelling house, with basement, and other
dai«d October 26, i88x ; x lot to William Jones, D. B. I outbuildings thereon.
39
Digitized by VjjOOQIC
Suit of the Anthracite Building and Loan Association
of Wilkes-Barrc, Pa., now in part to the use of Peter
Ward, Administrator of the estate of James Ward,
deceased, v. Daniel Sullivan.
x66 November term, 1881. Debt, $709.00. Fi. fa.
20 March term, 1882. O'Neill, Alt'y.
A lot of land in the township of Wilkes-Barre, be-
ginning at a point in the Blackman road on the line of
Kidder street, thence along Kidder street 310 feet to a
corner of lot No. 49, thence to the comer of lots Nos.
41 and 42, thence 210 feet to the line of the Blackman
road, and thence along the Blackman road to the place'
of beginning, containing about 23,100 square feet of
land, more or less, being lot No. 41 on plot of lots laid
out by Ketcham et al.; all improved, with a frame
dwelling and outhuses thereon.
9
Suit of Abram Goodwin, Jr., et al., Executors, etc.,
V. Elliott Aldrich, Adminislritor of George Cussey,
deceased.
104 January term, 1880. Debt, $596.44. Fi. fa. 4
March term, 1883. Powell, Att'y-
All that lot of'^land in the township of Plymouth,
beginning at comer on old Ross Hill road and Mrs.
Lydia Jones' lot, and running along said Mrs. Jones'
lot northwesterly 100 feet to corner, thence by said
Mrs. Tones' lot 40 feet to comer of said lot and fine of
land late belonging to John Gould, thence along said
line northwesterly 153 feet or thereabouts to a 20-foot
alley, thence along said alley 91^4 feet to a comer,
thence southeasterly 348^ feet to said old Ross Hill
road, and thence along said road southwesterly 50 feet
to the place of beginning ; all improved, and having
erected thereon one two-story frame dwelling house
and outbuildings, and fmit trees. 7-9
xo
Suit of Ezra Stair v. Abraham Arnold and Elizabeth
A mold.
134 February term, 1883. Debt, $306.35. Fi. fa.
14 March term. 1883. Cannon, Att'y.
Also three other suits of same amount.
All that lot of land in Slocum township, beginning
at a stone planted for a corner in the middle of a public
road, thence along the Christian Leuder estate and
middle of said public road 39 3-10 perches to a stonel
corner of land of Josiah Jones, thence along land of the
same 36 8-10 perches to a post, thence to a post in the
public road, thence along said public road 51 a-io
perches to a stone comer, the place of beginning, con-
taining 10 acres of land, more or less ; all improved,
with a two-story frame dwelling, a bam, and other
outhouses, and blacksmith shop and fruit trees thereon.
ESTATE OF JOHN BLANCHARD, DEC'D.
In Orphans Court of Luzerne county. In Re
Petition of James Post and Joseph Blanchara, Admin-
istrators of said estate, for specific performance of con-
tract with G. M. Wolf.
Now, nth January. 1883, the court order citation to
the parties interested a«d named in the petition to
appear and show cause why the prayer of the pctiUon-
crs shall not be granted, 41c. By thb Court.
Certified from the records, this 15th day of Febmary,
1883. Joseph Hbmdlrr, Clerk O. C,
Per B. M. Crary, Ass't.
In pursuance of the above order, notice is hereby
ffivcn to Eveline Clark, Joseph Blanchard, John Rob-
bins, Ada Robbins, Clarence Kobbins, Matiic Robbins,
William Kobbins, Jackson Robbins, Caroline Post,
Mariah Savage, and Martha A. Bisher, children and
heirs of John Blanchard, deceased, and G. M. Wolf,
to appear before Hon. D. L. Rhone, Judge of the
Orphans' Court, to be held at Wilkes-Barre. Luzeme
county, Pennsylvania, on Monday, the lath day of
March, 1883, at 10 o'clock A. M. of said day, to answer
the said petition.
M. E. WALKER,
7-9 Attorney.
ESTATES TO BE AUDITED BY THE
Orphans' Court of Luzeme county. Notice i»
hereby given that accounts have been filed and con-
firmed absolutely by the court in the following estates :
z. George Klinger; Joseph McMurtrie and Gideo*
D. Klingcr, Executors ; 6th March, 188^.
3. John Gross; Samuel Benncr, Administrator; 6tb
March, 1883.
3. Bei\jamin Chandler ; Abram C Chandler and D.
A. Reeves, Executors; 7th March, 1883.
4. M. L. Everett; l^c Everett, Executor; 8th
March, 1883.
5. James Castcrline; Joseph Casteriine, Adminis-
trator; 8th March, j88?.
6. Silas Callendar ; Cbrk Caliendar, Administrator ;
9th March, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they see fit, and present their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER.
7-9 Qerk O. C.
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisements in the following estates
hare been approved nisi by the Orphans' Court of
Luzeme county, and, unless exceptions are filed, wil I
be presented for final approval on Monday, the 5tb
day of March, 1883:
Robert Helm, iMniel Van Scoy, Thomas Hutchins,
Samuel Wolf, James C. Howells, Wm. H. Sperring,
and Hiram George, deceased.
JOSEPH HENDLER.
7-9 Clerk O. C.
LUZERNE COUNTY, ss:
To all whom it may concern : Take notice that
H. J. Secly and Peter Meixel, Tmstees of the real
estate conveyed by Christian Billhamer and wife to
the German Presbyterian and Lutheran Churches of
Salem, have applied to the Court of Common Pleas of
Luzeme county for an order to sell .said property, and
that all persons interested may be heard before said
court on Monday, March i3, 1883, at xo o'clock A. M.
By order of the court.
Q. A. GATES,
8-10 Attorney.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of A^<(em-
bly. entitled *'An Act to provide for the incorporation
and regulation of certain corporations," approved April
39, 1874. and the supplements thereto, for the incorpo-
ration of an intended corporation, to be called " Ihe
Hazleton Coffin and Casket Company," the character
and objects of which ar« the manufacture of and deal-
ing in coffins, caskets, and undertakers' supplies, and
materials of all kinds, and the manufacture of and
dealing in all kinds of wood work, cabinet, carpenter,
and building material.
QEO. H. TROUTMAN,
7-Q Solicitor.
JOHN F. EVERHART,
a student at law in the oBicc of G. S. Ferris, will
apply at March term, 1883. for admission to practice
as an attorney in the several courts of |he county of
Luzeme. &-10'
40
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzeroe county, un-
der the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporation." approved April 29, 1874,
and the supplements thereto, on Monday, the 5th day
of March, 1883, at 10 o'clock A. M., for the incorpo-
ration of an intended corporation, to be called "Ihe
Excelsior Comet Band," of West Pittston, the char-
acter and objects of which are the practice and promo-
tion of music.
F. C. MOSIER,
7-9 Solicitor.
Digitized by VjjOOQIC
NOTICE. IS HEREBY GIVEN THAT AN- A UDITOR'S NOTICE,
application will be made to the Court of Common xjL The undersiened, an Auditor, appointed by tRe
Pleas of Liueme county, on Monday, March 5, 1883,1 Court of Common Fleas of Luzerne county to distnb*
at II o'cl(xk A. M., under the Act of Assembly of the.ute the fund arising from the Sheriff 'si sale of the real
ConuDonwcalih of Pennsylvania, entitled "An Act to, estate of C. D. Weils, will attend to the duties of his*
provide forth e incorporation and regulation of certain, appointment, at his office, on Franklin street, in the
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
aad regulation of certain corporations," approved 29th
Aptii, 1874. and the supplements thereto, for the incor-
eon of an intended corporation, to be called " The
^ ai " ' ■
city of Wilkes-Barre, on Tuesday, February 27, 1883,
at 10 o'clock A. M., at which time and place all parties
interestea are notified to appear and present their
claims, or be debarred from coming in on said fiind.
HENRY A. FULLER,
5-8 Auditor.
Qorponiiioas," approved Apni >9th, 1874, and the sup-
plcaients thereto, for the charter of an intended corpo-
ration, to be called " The Freeland German Cornet
Band," the character and object whereof is for social
cfljoyaieot and the culture of music, and for these pur-
poses to baye, possess and enjoy all the rights, benefits
aad privileges of said Act of Assembly and supplements.
M ^' * ^^SoHcltor. A EDITOR'S NOTICE.
l\ The undersigned, an Auditor, appointed by the
Court of Common Fleas of Luxeme county to distrib-
ute the fund arising from the Sheriff's sale of the per-
sonal property of LeGrand & Boyer, will attend to the
duties of nis appointment, at the office of Alexander
Famham, Esq., on Franklin street, in the city of
Wilkes-Barre, on Wednesday, the 14th day of March.
1883, at 10 o'clock A. M., at which time and place all
Wyoming Accidental Insurance Company," the object persons having claims against said fUnd are notified ta
4/ which is to insure workingmen of all clsLSses against present the same, or be forever debarred from coming
accidents while at work.
W. H. HINES,
Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide ^r the incorporation
au regulation of certain corporations," approved a9th
April, I S74, and the supplements thereto, for the incor-
pomion of an intended corporation, to be called " The
CoBSUBien Coal Company, the character and objects
of vhich are the mining, preparing, shipping, selling,
piuchasing. and otherwise dealing in antnracite coad,
aad also the leasing, purdiasing, and holding, and
demising real and personal estate connected therewith.
E. P. & J. V. DARLING,
l-w Solicitors.
ESTATE OF ELIZABETH KNAPP. DEC'D.
In Orphans' Court of Luzerne county. In Re
Petition of John Cooper for appointment of^ Guardian
ad litem for children of Joseph D. Cooper, etc.
Nov. 5th February, 1883, rule is granted to show
OBsewhythe said minor children of Joseph D. Cooper
sball not appear in court on or before the sth day of
March, 18S3, ^^^ choose Guardians to represent them
ia this estate, and in default thereof to show cause why
John Cooper, the petitioner, should not be appointed
Goardian ad litem. Notice to be given by advertise-
laeoi in one weekly newspaper in said county for three
wcdts, a copy of Mid newspaper to be mailed to the
hst residence of Sarah Cooper, mother of said minor
children. By thb Court.
Certified from the records, this 7th February, 1883.
JOSEPH HENDLER, Clerk O. C,
Per B. M. Crary, Ass't.
F. C. STURGES,
Attorney. 6-8
in on said fund.
7.10
R. D.
EVANS.
Auditor.
LUZERNE COUNTY ss:
In Re Assignment of A. N. Meylert for the benr
efit of creditors. Notice Is hereby given that the
Executors of the last will and testament of H. B.
Wright, deceased, have exhibited and filed a final
account of the said H. B. Wright, Trustee for the
estate of A. N. Meylert, which account will be con-
firmed and allowed on the 5th day of March, 1883,
unless cause is shown to the contrary.
JAMES M. NORRIS,
6-8 Prothonotary.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 106, November term, i88a. Libel in divorce a
vinculo matrimonii. James Henderson v. Catharine
Henderson. To Catharine Henderson — Please take
notice that the court has granted a rule on you to show
cause why a divorce a vinculo matrimonii shall not be
made and entered in favor of the libellant, service of
the original and alias subpoenas having failed on ac-
count of your absence. Returnable on Monday, 5th
March, 1883, at 10 o'clock A. M.
ALFRED DARTE, Jr.,
8-9 Solicitor.
AUDITOR'S NOTICE.
Id
Re Indebtedness of Wright township. The
aadenigned has b^n appointed an Auditor to ascer-
taia and marshal the indebtedness of the above town-
sbip. AH those who have claims or demands against
the came are required to present them before me, on
Saturday, the 3d of March, 1883. at 10 o'clock A. M.
5^
STRAUSS.
Auditor.
AUDITOR'S NOTICE.
Estate of Elias Hoyt, dec'd. The undersigned,
u Anditor, appointed to rei>ort upon the exceptions to
tbc account of Executor, will attend to the duties of
bis appointment, at his office, in the city of Wilkes-
Bwre, on Saturday, March 24 th, 1883. at zo A. M.
G. R. BfiDFORD,
^11 Auditor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 5a, November term, 1882. Libel in divorce a
vinculo matrimonii. Mary T. Morgan, by her next
friend, David Maxey, v. Davfd C. Morgan. The alias
subpoena in the above case having been returned non
est inventus, you, the said David C. Morgan, are here-
by notified to appear at said court, on Monday, March
5, 1883, at XI o clock A. M., to answer the complaint
therein filed.
WILLIAM O'MALLEY,
GEO. H. TROUTMAN, Sheriff.
Solicitor. 6-9.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 597, October term, 1883. Libel in divorce a vin-
culo matrimonh. Hannah Barker, by her next friend,
William Kitching, v. Francis Barker. The alias sub-
poena in the above case having been returned non est
inventus, you, the said Francis Barker, are hereby
notified to appear at said court, on Monday, the stb
day of March, 1883, at zo o'clock A. M., to answer
the complaint therein filed.
WILLIAM O'MALLEY,
EDWARD A. LYNCH, Sheriff.
Solicitor. 6-9
41
Digitized by KjOOQ IC
SHERIFF'S SALES.
Abstract uf property to be »old by Wm. 0*MaUey,
Sheriff of Luzerne county, on Saturday, March 3d,
A. D. 1883. at 10 o'clock A. M., at the Arbitration
•room, in the Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are numbered, to wit :
I
Suit of Christian H. Sherer, assigned to William B.
Mitchel, V. Arnold Bertels.
1016 September term, 1878. Debt, $2,^. Fi. fa.
2 March term, 1881. Darte, Jr., Att'y.
All the one-third part undiTided of all the following
described pieces of land, in the city of Wilkes-Barre,
to wit :
X. Beginning at a comer of lot of A. Bertels on a
street running neariy east from Main .ttreet, at a point
nearly opposite Wood street, thence along line of said
Bertels' lot about 120 feet to a comer, thence about 20
feet to a comer, thence about 20 feet to land sold to
Jacob Farrek, thence along said Farrek's land about
I20 feet to said street, thence along said street 20 feet
to the place of beginning, containing about 2,400 square
feet of land.
2. Beginning at a comer on the southeast side of
Careytown road, thence at right angles to said road
along line of lot now or late of Charles Morgan & Son
ao4 feet to line of the old Lehigh and Susquehanna
Railroad, thence in a southerly direction alons said
railroad about 45 feet to a corner of lot now or tote of
Simon Long^ Trustee, thence along said Long's lot 227
feet to said Careytown road, thence northeasterly along
said road 40 feet to the place of beginning, conuining
8.620 square feet of land, being lot No. 7 as shown on
plot made by C. Scharer.
,^. Beginning at a comer of land now or late of Abi-
gail Hotchkiss, and mnning thence along the line of
Canal street 3 perches to a comer, thence adjoining
land now or late of Jesse Fell 8 perches to a comer,
thence to a comer on land of said tesse Fell 3 perches,
thence on the line of Abigail Hotchkiss' land 8 perches
to beginning, conuining 24 square perches of ground.
4. Beginning at a comer on Washington street,
thence 244 feet to a comer, thence 40 feet to a comer,
thence along land of the Jewish Synagogue 24^ feet to
said Washington street, and thence along said street
40 feet to the place of beginning.
5. Fronting on Scott street, between Pine street and
Baltimore lane, the same being about 50 feet front on
said Scott street, and extending iu the same width to
the depth of 150 feet, containing 7.500 square feet of
land.
6. Beginning at a comer on the northwest side of
Oregon street, at the south comer of lot now or late of
Levi King, thence along said Oregon street 56 feet lu
inches to a comer of lot now ovtrneaby John E James,
thence along said James' lot 146 feet 10 inches to the
school house lot, thence 57 feet 3 inches to said Levi
King's lot, thence about 140 feet to said Oregon street,
the place of beginning, containing about 8,153 square
feet of land.
7. Beginning at a comer on Bamey street about 80
feet west from Wood street, and in line of land sold to
Charles Feuerstein, thence at right angles to said Bar-
ney street and along said line about 100 feet to land
late of Henry House, thence along the same and par-
allel with said Barney street 120 feet to land late of
Mrs. Mann, thence along said Mann lot about too feet
to said Barney street, thence along said street about
120 feet to the place of beginning, containing about
12,000 square feet of land.
8 Being the suHace of those two lots adjoining, on
the northeast side of Parrish street, beginning at a
comer about 230 feet from Hazle avenue, thence at
right ansles from said street about 200 feet to land for-
meriy of Jonathan Jones, thence along the same par-
allel with said street 80 feet to a comer, thence at right
angles to line of said Jones lot about 200 feet to said
Parrish street, and thence along said street about 80
feet to the place of beginning, containing about 16,000
square feet of land.
9. All that piece of land in the township of Lake,
commencing on the comer of lands in the warrantee
I of Allen Bump and Herman Chambers north
43
ast percbes to a comer, thence east 328 perches along
line in warrantee name of A. Bailey to a comer, iheoce
south 957 perches along line of lands hi warrantee
names of Amasa Bailey and Adam Mann, thence west
St8^ perches along line of warrantee names of Allen
ump and Nancy Mann to a comer, being a tract of
land in the warrantee name of Amasa Bailey, contain-
'<i8 474 acres and allovrance ; unimproved.
s
Suit of Oscar J. Harvey, assigned toOlin F. Hanrey,
V William P. Rudolph and Martha E. Rudolph, his
wife.
423 May term, 1882. Debt, I817 61. Al. lev. fa,
X March term, 1883. Harvey, Att'y.
A certain piece of land in the cliy of Wilkes-Barre,
beginning at a comer on Orchard street, thence by the
.same 40 feet to a comer, thence 200 feet to a comer,
thence 40 feet to a comer, thence 200 feet to the place
of be^innine : all coal and other minerals reserved 10
Reading & Hunt ; improved, with one two-story frame
dwelling house and outhouses thereon. 6-8
O'
ORPHANS' COURT SALE.
Estate of Catharine Stout, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be sold at public sale, at the Arbitration
room. Court House, at Wilkes-Barre, on Saturday.
March 10, 1883, at xo o'clock A. M., all that piece of
land in Salem township, bounded northerly by the
Pennsylvania Canal, easteriy by lands of CatluiriDe
Stukey and Daniel Brobst . southeriy by the Susque-
hanna river, and westerly by lands of Josiah F. Beach,
now James Lockard, containing one acre, more or less ;
improved, with two i>^ -story frame dwelling houses
and other small outhouses thereon, also somefrait trees.
Terms of Salb— $50 cash down on day of sale, and
the balance of purchase money on confirmation of sale
and delivery of deed.
WESLEY RABERT,
T. R. MARTIN, Administrator.
Attsmey. 7.9
RPHANS' COURT SALE.
Estate of James Gallagher, deceased. By virtue
of an order of the Orphans Court of Luzerne county,
the undersigned will sell at public auction, on the
K remises, at Hazlcton, on Thursday, the 15th day of
larch, 1883, at 2 o'clock P. M., all that lot of ground
in the borough of Hazlcton, which originally consisted
of two lots of ground, bounded and described as follows :
The one lot is on the southwest corner of Wyoming
and Maple streets, containing in breadth or front on
said Wyoming street ^o feel, and extending of that
breadth in lenghth or depth along the south side of
.Maple street i^ feet to a 20-foot wide street.
1 ne other is on the west side of Wyoming street,
commencing at a distance of 120 feet northward from
the north side of Green street, containing in front or
breadth on said Wyoming street 30 feet, and extending
of that breadth in length or depth westward 190 tcet to
a 20-foot wide street.
Both the lots being contiguous, and to be sold as one
lot, being 60 feet in front or breadth, and 190 feet in
depth or length. All improved, with a two-story frame
dwelling house and outbuildings thereon.
Terms of Sale— 20 per cent cash, and the balance
on confirmation.
JAMF^ F. GALLAGHER,
7-9 Administrator.
ORPHANS' COURT SALE.
Estate of Lewis Weidenbach, dec'd. By virtue
of an order of the Orphans' Court of Luzeme county,
there will be exposed to public sale, on the premises,
in Hazlcton, on Saturday, March 10, 1883, at 2 o'clock
P. M., a lot of KTOund on the south side of West Broad
street, in the borough of Hazleton, bounded on the
north Broad street, on the east by lot of Susan E.
Bright, on the south by Mine street, and on the west
by lot of F. Lauderbum, containing in front on said
Broad street 19 feet and 4 inches, and extending of this
width back to Mine street X50 fieet; upon which is
erected a two-story frame building, used as a store by-
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Povdl Brothen & UmtU, together wHh joint use or
chiJBoey situate on the division line of said property
00 the cast, and to remain unchanged as long as builcl-
iap are onchanged.
Tnjfs OP Sals— 9^ per cent cash on day of sale, as
per cent on coafirmatK>n of sale, and the balance m six
nonths from day of sale ; to be secured by bond and
aortgage, with interest.
JOHN G. SEAGER,
C, W. KLINE. Adm'r d. b. n. c. t. a.
Attorney. 7-9
ORPHANS' COURT SALE.
Estate of Thomas HutchinS, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
dMrewill be ezp(»ed to public sale, at the Terra Cotu
Works, in Wyoming village, on Friday, March i6th.,
1883, at 10 o'clock A. M., the following described real,
estate, viz. : |
I. AH those messuages and tracts of land (the sur-;
f»ce thereof) in the village of Wyoming, Kington
tflwaship, bounded and described as follows, to wit :
(I) Beginning at a comer of land of Isaac C. Shoe-
maker, thence alone said Shoemaker's land from the
Borth rail of the Lackawanna and Bloomsbura Railroad
14 rods and 33 links to a comer on land of William S.
Skoeniaker, thence along the said lands of William S.
Sboemaksr is rods to a comer, thence along lands of
William S. Shoemaker 19 rods and 9 links to a comer
a the north rail of the said Lackawanna and Blooms-
burg Railroad Co., thence down said railroad 25 rods
aod I link to a comer, the place of beginning, contain-
iag I acre and 96 perches cf land, be uie same more or
k».
(3) Beginning at a comer of land of Thos. Hutchins,
<koeased, and Isaac C. Shoemaker, thence 3 rods to a
comer, thence 14 rods and 14 links to a comer, thence
t rod and 2 links to a comer on said Hutchins' land,
tbence 15 rods to a comer, the place of beginning, con-
taining 30 perches ot land, more or less.
(3> Banning at a comer of land of Thos. Hutchins,
deceased, at north rail of the Lackawanna and Blooms-
burg Railroad, thence along land of the said Hutchins
aad W. S. Shoemaker 17 rods and 22 links to a comer,
thence 4 rods to a comer, thence 11 rods and 3 hnks to
a corner, thence 14 rods and 10 links to land of Law-
rence Myers, being the Commissioners' line between
iott Nos. 35 and ^6, third division of Kingston town-
&kip(i8feet in width along the northwest side to re-
main in Isaac C. Shoemaker for a rieht of way only),
theace 6 rods to the north rail of the Lackawanna and
Bkmnsburg Railroad Company, and thence along the
said railroad 14 rods and 10 links and 4 rods to the
place of beginning, containing 156 perches of land,
■ore or less.
(4) Beginning on the east comer of the Lackawanna
iM Koomsburg Railroad Company's depot lot, at the
sorth rail of said railroad, thence 6 rods to a comer,
ibence 175^ rods to a comer near a linden tree on land
of Lawrence Myers, thence 11 rods to the line of the
Lackawanna and Bloomsburg Railroad, and thence
down said railroad 7J4 rods to the place of beginning,
containing 74 perches of land, more or less ; 18 feet on
the northwest side of the last mentioned lot being re-
»«rved by Isaac C. Shoemaker for a right of way ; and
roCTving all the ooal and other minerals ; and having
erected thereon a terra cotta manufactory.
J. Being the premises on Careytown road, city of
Wilkes-Bire, beginning at a comer of Patrick Wall-
V^'% lot, and running back at right angles with said
fosd 147 'e«t to a comer, thence on a line parallel with
•aid road 50 leet to a comer, thence on a straight line
^sraUd with the first 147 feet to a comer on said road,
tbence up along said road 50 feet to the place of begin-
aiag, containing one-quarter of an acre of land, more
or less ; and having a two-story frame dwelling house
Aod ootbnildings thereon.
i- Bemg the premises in the borough of West Pitts-
^Ot banning at a point on Philadelphia avenue at a
dwtance of 50 feet southeastwardly from Fifth street,
>ad extending southwestwardly at right angles to said
aTCBoe the distance of aoo feet to Atlantic street,
Jeace southeastwardly along said Atlantic street 50
feet, thence northeasteriy at right angles to Atlantic
street aoo feet to Philadelphia avemie aferesald, and
thence northwesterly alon^^ said avenue <o feet to the
place of beginning ; the said lot being No. 70, Phila-
delphia avenue ; reserving all the fossil or mineral
coal, iron, or other ores.
TsRMS OP Salb— 10 per cent on day of sale, 15 per
cent on confirmation of sale, and the balance (75 per
cent) one year from sale, with interest from day of sale ;
deferred payments to be secured by bond and mortgage
on the premises.
R. H. WEIR,
R. H. HUTCHINS.
McLEAN & JACKSON, Administrators.
Attorneys. 8-xo
ESTATE OF JULIA McNULTY, LATE OF
Wilkes-Barre township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present tnem
tor payment, and those indebted thereto will please
make immediate payment to
ALICE McNULTY.
E. P. & J. V. DARLING, Administratrix.
Attorneys. 8-13
ESTATE OF W. S. HILLARD LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RUTH B. HILLARD,
E. G. BUTLER, Executrix.
Attomey. 8-13
ESTATE OF JOSEPH SCHAPPERT, LATE
of Nanticoke, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persoiu
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARY ANN SCHAPPERT,
JACOB SCHAPPERT,
8-13 Executors.
ESTATE OF MICHAEL STEIN, LATE OF
Dorrance township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
GEO. H, HINKLEMAN,
7-13 Executor.
ESTATE OF ELIZA BOWERS, LATE OF
Wyoming, Kingston township, deceased.
Letters testamentary upon the above named ^tate
having been granted to tne undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
WILLIAM HANCOCK,
8-X4 Executor.
ESTATE OF ELIZABETH CONNELL, LATE
of Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
J. A. COLLIER.
JOHN H. MULLIN,
Executors.
ha<
F. C. MOSIER,
Attorney.
43
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Google
ESTATE OF ANTHONY MEYERS, LATE OF, TESTATE OF JOHN BARNEY, LATE OF THE
Hazleton, deceased. Hi boroueh of Nandcoke, deceased.
Letters of administration upon the above named | Letters of administration upon the above named
estate having been granted to the undersigned, all testate having been granted to fne undersigned, all per-
persons having claims against the same will present .sons having claims against the same will present them
them for payment, and those indebted thereto will for payment, and those indebted thereto will please
please make immeaiate payment to make immediate payment to
H. W. MEYERS, | CATHARINE BARNEY,
A. R. BRUNDAGE, Administrator. .6-11 Administratrix.
Attorney. 5-10, — — — — —
STATE OF REV. CHAS. A. MATTINGLY.
late of Nanticoke, deceased,
of Nanticoke, deceased. I Letters testamentary upon the above named estate
Letters of administration upon the above named [having been granted to the undersigned, all persons
estate having been granted to the undersigned, all per- having claims against the same will present them for
sons leaving claims against the same will present them payment, and those indebted thereto will please make
for payment, and those indebted thereto will pleasejimmediate payment to
make immediate payment to | KEY. THOMAS J. RAY,
SAMUEL LINE, I REV. TIMOTHY J. DONOHUE,
BENNETT & NICHOLS, Administrator. 6-11 Executor*.
Attorney. 5-10! _ ^
ESTATE OF TOHN GILLESPIE, LATE OFj CHAS. D. FOSTER,
Harie township, deceased. • ATTORNEY AT LaW,
Letters of admmtstration upon the above named { '
estate having been granted to the undersigned, all per- f Wilxes-Barhk, Pa.
sons having claims against the same will present them ^
for payment, and those indebted thereto will please! -ytr a P A RSONS
make immediate payment to ■ * t
OWEN GILLESPIE, , AlDBRMAN,
JOHN D. HAY^ES.^^^^ Administrator.^^, Market Strbkt. W„,k,s.Barkk, Pa.
McLean & jackson, calvin wadhams,
Attorneys at Law, , Attorney at Law and Notary Public,
Wilkbs-Barre, Pa. I Wilkbs-Barrh. Pa.
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The Luzerne Legal Register.
Vol. XII. Friday, March 2, 1883. No. 9
<E)rpt)an3' (Jtourt of Cujernt Couutn.
Eley's Estate.
I. A deme of the rents, issues, and profits of land for a certaia period is equivalent to a devise of
the land itself for the same period, and if the devise be without limitation as to time of enjoyment
w other condtlions. It wiM carry a fee.
3. A devise over, the intervention of a trtKtee, followed by a power of sale in the trustee, will be
cocttidered conclusive evidence, in the absence •f a contrary intent expressed in the will, that
the testator intended only to give a life estate to the first taker.
3. A lease ot the exclusive right to mine and sell all the minerals in or under land, without limitaiioa
as to quantity or time, is to be taken as a sale of the mineral in place, and consequently a sale
of a portion of the land.
4. A testator gave one-tenth part of his property, real, personal, and mixed, to the children of his
900, John, to be equally divided among them on the death of their father, and directed that the
said part " be held in trust by my executors during the life of the said John, and the interest or
iocome arising from the same to be paid to the said John annually by my executors during his
natural life.** He then authorized and empowered his executors " to sdl or dispose of all or any
part of my real estate, or to lease the coal upon or under the same, and to convey the same to
the purchasers by good and sufficient instruments of writing, provided '* they ' ' shall first have
the written consent of the owners of six-tenths of the premises before selling or leasing the
same." The executors leased all the merchantable coal upon, in, and under the land, the lessee
agreeing to pay for the same, in periodical installments, at the rate of twenty-five cents per ton,
etc. : //€ld, ikat the testator's soa, John, is only entitled to the interest on the insullments
paid under the lease, smd not to the principal absolutely, the income being a product of the sale
of a part of the <ar/ut of the estate.
Exceptions to report of audit by the court.
The opinioa of the court was delivered February 17, 1883, by
Rhone, P. J. — This decedent died in November, 1879, leaving
a will, dated August, 1876, and two codicils thereto, dated
November, 1877, and November, 1879, respectively. The parts
of the will relating directly to the claim of John S. Eley are items
two and thirteen.
Item two reads as follows: *'I give and bequeath one-tenth
part of all my property, real, personal, and mixed, to the children
of my son, John S. Eley, to be divided equally among them,
share and share alike, at the death of their father, John S. Eley.
The part hereby given to the children of John S. Eley, I direct
to be held in trust by my executors hereinafter named during
the natural life of the said John S. Eley, and the interest or
Digitized by VjjOOQIC
56 Elev's Estate.
income arising from the same to be paid to the said John S.
annually by my said executors during his natural life. From
this share is to be deducted what money I have advanced to the
said John S. Eley. which amount will be shown by the notes I
hold against him."
The thirteenth item reads as follows: "I hereby authorize and
empower my executors hereafter named, and the survivor of
them, to sell and dispose of all or any part of my real estate, or
to lease the coal upon or under the same, and to convey the
same to the purchasers by good and sufficient instruments of
writing: Prmnded, however, that my said executors shall first
have the written consent of the owners of six-tenths of the prem-
ises before selling or leasing the same; and subject, also, to the
provisions that the surface of the land between the main road and
the railroad shall not be sold for fifteen years after my death."
On the 7th day of October, 1881, the executors made a lease
of the coal to the Delaware, Lackawanna, and Western Railroad
Company. The lease is in the usual form of such conveyances in
this county, the company agreeing to " mine all the merchantable
coal upon, in, and under the land," and pay for the same, in peri-
odical installments, at the rate of twenty-five cents per ton, with
the right to take coal at any subsequent time at that rate where
the periodical installments exceed the amount actually mined at
the time of such payments.
The fund now for distribution is an installment of rent under
the coal lease. The court has reported a distribution of the fund
to a trustee, to be invested by him for the use of John S. during
his life, and at his death to pay the principal to his children; and
to this distribution John S. has excepted, claiming that the fund
should have been distributed to him absolutely.
The exceptant's counsel claims the substance of the testator's
language to be, that if his executors lease the coal under his
land, as he has authorized them to do, then the income arising
therefrom shall be paid to John S. annually during his life. This
is, perhaps, the strongest light in which his case can be put, and
retain any portion of the language of the will. Then it is argued
the exceptant will take the income absolutely under the general
rule, that " a devise of the rents, issues, and profits of land is
equivalent to a devise of the land itself* We have stated the
Digitized by VjjOOQIC
Eley*s Estate. $y
rule of law as it was argued by the counsel to be, but there must
be added to it this important qualification, that in order to carry
the fee a devise of the rents, issues, and profits must be without
limitation as to time of enjoyment or other conditions. Bentley
V, Kauffman, 5 Norris, 99; Frances' Estate, 25 Smith, 220.
The same rule applies to personal estate, though with greater
force. Millard's Appeal, 6 Norris, 457.
In Frances' Estate the devise was to the testator's wife the
"one-third of all my personal estate, and one-third part of all the
income, rents, and use of my real estate," and to testator's son
**all the residue and remainder of my estate, real and personal,"
giving his executors full power to sell and convey any and all of
his real estate. The land was sold in pursuance of such power,
and on the distribution of the fund it was held, reversing the
court below, that the devise to the widow carried only a life estate.
The reasoning of Judge Mercur in that case is very applicable to
this one.
Here there is a devise over, the intervention of a trustee, the
express provision that the interest or income shall be paid by
the trustees to the first taker "annually for life," followed by a
power of sale in the trustees, which, in the absence of a contrary
intent expressed in the will, shuts the claimant up to a life estate
in the land and its proceeds in case of a sale. Sheets' Estate, 2
Smith, 257.
Here, as in the cases cited, the testator blends his personal and
real estate; hence follows the expression, " interest or income" —
interest on the personal estate fund and proceeds of a sale or
lease, and income from the land if unconverted.
As we remember the argument of the counsel for the except-
ant, his next proposition is, that admitting it was the intent of the
testator that his son, John S., should have only the interest on
the fund in case of a sale of the land, yet when he used the term
"lease" of the coal he meant a leasing in its ordinary sense, in
which case the payments thereon must be considered as compen-
sation for the use of the land, or income thereof, which would
clearly belong to the exceptant absolutely. But a /ease of the
exclusive right to mine and sell all the minerals in or under land,
without limitation as to quantity or time, is to be taken as a saJe
of the mineral in place, and consequently a sale of a portion of
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58 Eley*s Estate.
the land. Caldwell v, Fulton. 7 Casey, 475 ; Harlan v. Lehigh
Coal and Navigation Co., 11 Casey, 287.
Wherever a conveyance is made of mineral, whether the con-
veyance be called a lease or a deed, it is, in effect, the grant of a
part of the corpus of the estate, and not of a mere incorporeal
right. Stoughton's Appeal, 7 Norris, 198.
We are bound to presume that the testator knew the legal
interpretation of the term "lease," and that in the absence of his
own definition to the contrary, we must say he used it in the
sense of a sale, as before shown, especially as he has prescribed
no terms or conditions on which the lease should be made. It
follows, then, that John S. has no more right to the income from
the coal lease than he would have to the proceeds of a sale of the
entire land in case one had been made. On the whole, we know
of no language that could have been used to better express a gift
to John S. of a mere life estate in the land and its proceeds,
whether from a sale or lease of the coal.
As the gift is of the estate, " real, personal, and mixed," we do
not consider it necessary to decide whether the income from the
coal lease be real or personal estate. Certain it is the devise to
the executors did not work a conversion of the real estate into
personalty, for the direction to sell is not absolute, and is coupled
with certain contingencies. McClure's Appeal, 22 Smith, 414.
The devise to the testator's daughter, Elizabeth, is found in
item one to be a fee, modified into a mere life estate in the first
codicil, at the conclusion of which the testator says: "The fee to
said share to be and remain in my other heirs." It seems to us
this devise cannot be distinguished from the former one, except
that the intent to give only a life estate is, perhaps, more clearly
expressed. Neither can we see that the testator intended Thomas
should have any more than a life estate, the devise to him being
in substantially the same language as that to John S. In the
case of both Elizabeth and Thomas a fee had been given by the
will, and the only purpose of the codicils seems to have been to
reduce the estate to them for life, for the reasons therein given.
The exceptions are dismissed, and the report of audit is con-
firmed absolutely.
Hon. Garrick M. Harding, for exceptant.
T. H. B. Lewis and A. H. Dickson, Esqs,, contra.
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48
NOTICE IS HEREBY GIVEN THAT AN
application will be made under an Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporation," approved the
29th April, 1874, and the supplements thereto, for the
incorporation of an intended corporation, to be called
" The Dixon Pulp and Paper Company." the charac-
ter and objects cf which are the manufacturing and
preparing paper from wood pulp by chemical process,
as well purchasing and selling the same, and also the
leasing, purchasing, holding, and demising real and
personal estate connected therewith.
ISAAC P. HAND,
9-11 Solicitor.
ESTATE OF JOHN ORR, LATE OF FOSTER
township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ELIZABETH A. POLLOCK,
9-14 Executrix.
ESTATE OF JOHN MANGAN, LATE OF
Pittston township, deceased.
Letters of administration upon the above named
esutc having been granted to the undersigned, all per-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
THOMAS MANGAN,
F. C. MOSIER, Administrator.
Attorney. 9-14
ESTATE OF JOHN M. STACKHOUSE, LATE
of Shickshinny, deceased.
Jitters of administration upon the above named
estate having been granted to the undersiened, all
persons having claims against the same will present
thim for payment, and those indebted thereto will
please make immediate payment to
JAMES POST,
I. P. HAND, Administrator.
Attorney. 9-15
ESTATE OF JOSEPH STACKHOUSE, LATE
of Shickshinny, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
JOHN W. CHAPIN,
I. P. HAND, Executor.
Attorney. 9-14
ESTATE OF JASPER B. STARK, LATE OF
WilkcsBarrc, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present tnt:in
for payment, and those indebted thereto will please
make immediate payment to
FRANCIS R. STARK,
E. P. & J V. DARLING, Administratrix.
Attorneys. 9-14
ESTATE OF ANN MIDDLETON, LATE OF
Plains township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to
STEPHEN HEALEY,
RICHARD BURKE,
COONS & SHORTZ, Executors.
Attorneys. 9.14
Digitized by VjOOQ IC
SHERIFF'S SALES. 239, p. 426, etc.; z Jot to John McC'arty.datt^j Novem-
Abstract of property 10 be sold by Wm. O'Malicy, bcr 2, 1881 : i lot to 'Ihomas Manning, D. B. 216, p.
SheriflT of Luzerne county, on Saturday, March loih, 377, etc.; 1% lots to John McKwcn, or Owen, D. B.
A. D. 1883, at 10 o'clock A. M.. at the Arbitration 924, p. 139, etc.; i lot to Catharine Nicols, D B. 226,
room, in the Court House, Wilkes-Barrc, who will p. 293, etc.; i lot to Catharine Mann, or Naan. D. B.
proceed with the difierent properties in the order in :*27, p. 43: i lot to Patrick or Michael O'Brien, dated
which ihey are number, to wit : November 2, 1B81 ; i lot to Mary Itrown, dated Octo-
X ber «5, i88i ; i lot to Mrs. O* Boyle, dated October 25,
Suit of the Empire Building and Loan Association t88z ; i lot to John Roach, D. B. 228, p. 455, etc: i
V. John T. Wallers. lot to Rosanna McGovern. D. B. 227, p. 26; 1 lot to
158 April term, t88i. Debt, |«66^3. Fi. fa. 26 John McGarhart; 7 lots to James Hughes, 2 deeds, i
March term, 1883. D. S. Bennet, Att'y. for 2 lots, dated April 22, j88a, other Tor 5 lots, dated
The surface of all that lot of land on the easterly side October 5, 1881 ; i lot to Michael Diver; i lot to John
of Meade street, city of Wilkes-Barre, being 40 feet Sullivan ; also i lot on back of lot towards mountain
Irom on said stteet, and about loo feet in depth, the to Caleb S. Malthy of 50 acres, dated April 6, 1877,
rear end of said lot being bounded by a public alley : and recorded in D. B. 204, p. 201, etc.
improved, with a rwo-siorv frame dwelling house,! The said land (not including that reservcdWs im-
frame bam, outhouses, and fruit trees thereon. [ proved, with one large farm house, six frame buildings,
a an apple orchard of 200 bearing trees, one large bam,
Suitof Catharine YoungblutY. Ferdinand Youngblut. and several outhouses thereon. About 20 acres alio-
63 March term, 1883. Debt, $231.50. Fi. la. 23 geiher is laid out in building lots, about 55 acres of said
March term, 1883. D. S. Bennet, Att'y. land is good farming land, and about 15 acres is gotxl
All that lot of land on Tannery street, city of Wilkes- limber Tor mining purposes.
Barre. bounded northerly by J. Youngblut, easterly! _
by Johnson, southerly by A. Youngblut. and westerly! _ , ... _. ..,.^ _, . ,^, ..
by Tannery street, being about 50 feet front on said I Suitof Abram Fairchild v. Calvm Wadhams.
street, and 180 feet in depth; improved, with a ij^-i 344 October term, 1882 Debt «i,857. Vend ex.
story frame dwelling house, bam, outbuildings, and|" March term, 1883 Hakes & Bennett, Att vs.
fruit trees thereon. i. Ihc surface of P^rts of certincd lots 14 and 15 in
m I the first division of Wilkes-Barre township, being the
Suit of the Wyoming Build'ng and Loan Association ^.>io»f oj ^^^ '<>«* «3. 24. 27. 28 ; two-thirds part undi-
lif Wilkes-barre. No. a, v. Peter Wallace, and Peter v«*ed of 22. 29. and to, located on Franklin and Mam
WalUce, Administrator, etc., of Hannah Mariah Wal- f^^^s ; also parts of two is-fcci alleys adjoining said
Lace deceased i'^^^ 22 and 23, situate in the tiftoenth ward of the city
89' November term. 188a. Debt, $750. Lev. fa. 6'o<" W^^wBan-e: »" '"^Pro^cd
March term, 1883. E. G. BuUcr. Att'y. L »• P-^" ot a 3-rod road in the city of Wilkcs-Barrc.
A lot in the city of Wilkes-Barre. beginning at a Hounded on the northwest by loLs x, 2, and 3 in the
stone corner on Wood street, thence ninning back , certified township of Wilkes-Barre, on the northeast
northeast along the line of Sanford E. Parsons 100 feetj^y a part of said road, on the .southeast by lots 13, 14,
to a comer, thence along the line of Abraham Merrick i^JKli 5 »n said first division, and on the southwest by
and M. Wood southwest 40 feel to a comer on Woodl*"^ Hanover township line, containing alwut 1,4 .icres
street, thence along Wood street 45 feet to the place I o^ '*^- _ ^ . . . .. ,„,...
of beginning, containing about ^.275 square feet; all ; oi:^t* *"!?*?* °^.^ '***JD **** P^oi ?J? ^'j*'"
improvcd.with a largea^-stoncddwcUing house. bara.
and other outbuildings, and fruit trees thereon.
"Suit of Aaron Brown v. George Coray.
136 May term, 1881. Debt, $10,711.92. Lev. fa.
as March term, 1883. Dickson & Athcrion, Ait'ys.
An the surface and right of soil in all that certain
piece and parcel of bnd situate in the township of
Kingston. Lurcme county, Pennsylvania, bounded and
described as follows, to wit : Beginning at a corner on
Barre. bounded on the northeast by Blackman street ,
and on the other three sides by lands of the Franklin
Coal Company, being about 87^^ feet in front on said
street, ana about 145 feet deep, with a i^-story frame
house thereon.
4. The two equal undivided thirds part of the surface
of land not heretofore sold by Calvin Wadhams ct al.,
in the city of Wilkes-Barre, beginning at a corner on
the main road, thence by lands of the estate of Alex.
McLean, deceased, 214 6-10 perches to a comer, thence
the main road ronning through "said township, being 33 S-'opo-ch" t° * *^°''"" **" line of Hanover town-
also a corner of cross road; thence along said cross »*» 'P. »*»«"« a'o"8 »a™e 214 6-10 perches to a stone
road, N- 33^° W., 578 perches to stones comer in line Isomer on the said main road and thence by same 3^
of the mountain tier of the fourth division of said town- 3-'° Perches to the plncc of beginning, being a part of
ship: thence along said line, S.43OW.. 37 7.10 percnes '^^ 21 m the third division of lots in certified Wilkes-
to a comer of purpart No. 5 in the partition of the rcall ^arrc township ; all improved,
estate of Elijah Shoemaker, deceased, now belonging I 6
to the estate of Chas^D.Shoenmker. deceased: thence 5^5^^ p^^^ g^il^, ^ Qscar F. Gaines and H. A.
along said purpart No. 5, S. 33^° E.. 379 3-10 perches I q^j^j^
10 a comer on the back road ; thence S 42^ W., i a-io, January term, 1883. Debt. ^18 72. Lev. fa.
perchiK to a comer ; thence S. 3354° E-, along other ./March terii, 1883. Miller, Att'y.
part of purpart No 5 aibrcsaid 2 3 perches to the main ^Jot of land in ihe borough of West Pittston, bc-
road aforesaid ; and thence along said road, N. ?5K°|ginning at a comer of Luiremc avenue, thence along
L., 4 P^^f to ^^ Pl«Cf of Beginning; containing ^^id avenue 50 feet to a comer, thence 2,0 feel to a
140 acres of land, more or less ; being the same prem- - ...■:'.
ises conveved to the said George Coray from Daniel
Searle and John M. Srark by deed dated April ^, 1877.
Excepting, however, from this sale the following lots
heretofore sold and released ; the said lots are 50 feet
iixmt by 175 feet in depth. The place of record of
deeds of said lots in Luzerne county Recorder's office
is given, so fiar as the same are recorded. They are
likewise designated on the ground : i lot to F. C. Pil-
ger, dated April 1, 1881 ; i lot to Mary Tigue. D. B. | All that lot of Land un Franklin street, in the borough
2s8. p. 541, etc., I lot to A. Brown, dated October 25,iof Plymouth, bounded on the southwest by F'rankltu
1B81 ; I lot to R. C. Shoemaker et al.; i lot to William {street, on the southeast by land of A. J. Case, on the
and Margaret McDowell, D. B. ^27, p. 180 ; t lot to northeast by land of Lloyd W. Williams, and on the
Patrick Rogers, dated October 95, 1881 ; i lot to Dan'lj northwest by land of Ira Davenport, being 50 iect in
McAlister, D. B. 220, p. 153, etc.; i lot to James Mc-{front by 150 feet in depth ; all improved, with a two-
Quade, D. B. 296. p. 84, etc.; i lot to John McDermott, .story frame dwelling house, with basement, and other
daied October 26, 1881 ; i lot to William Jones, D. B.j outbuildings therwou.
49
comer on an alley, thence along said alley 50 feet to a
comer thence 230 feet to the place of beginning, con-
taining 11,500 square feet of land, more or less, being
lot No. 997 on Luzerne avenue.
7
Suit of Samuel Van Loon v. Martin Brennan.
198 April term, 1881. Debt.l122.52. Vend. ex. «;
March term. 1883. Magee, Att'y.
Digitized by
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8 TESTATES TO BE AUDITED BY THE
Suit of the Anthracite Building and Loan Association Hi Orphans' Court of Luzerne county. Notice is
of Wilkes- Barrc, Pa., now in part to the use of Peter hereby given that accounts have been filed and con-
Ward, Adininistr.Tior of the estate of James Ward,J firmed absolutely by the court in the following estates :
deceased, V. Daniel Sullivan. i Oeorgc Klingcr; Joseph McMurtrie and Gideon
i66 November term, 1881. Debt, f,7og.oQ. Fi, fa. ID. Klinger, Executors; 6ih March, i88^
20 March term, 1882. O'NcilL Ait'y. , 2. John Gross; Samuel Benner, Administrator; 6th
A lot of land in the township of Wilkes-Barrc, be-' March, 1883.
cinning at a point in the Blackman road on the line of | 3. Benjamin Chandler; Abram C Chandler and D.
Kidder street, thence along Kidder street 210 feet to a A. Reeves, Executors; yih March, 1883.
corner of lot No. 49, thence to the corner of lots Nos.j 4. M. L. Everett; Isaac Everett, Executor; 8th
41 and 42, thence 210 feet to the line of the Blackman, March, 1883.
road, and thence along the Blackman road to the place' 5. James Casterlinc; Joseph Casterline, Adminis-
of beginning, containing about 23,100 square feet of|trator; 3th March, 1883.
land, more or less, being lot No. 41 on plot of lots laid' 6. Silas Callendar; Clark Callendar, Administrator ;
out by Ketcham et al.: all improved, with a frame, 9th March, 1883.
dwelling and outhuses thereon. | The accounts enumerated and designated in the
9 I above list will be audited by the court, in the Court
Suit of Abram Goodwin, Jr., ci al., Executors, etc., House, in the Orphans' Court room, during ihc se.ssion
V. Elliott Aldrich, Administritor of George Cussey,|of court on the days set forth opposite the name of each
deceased. I estate, at which time all persons interested shall attend.
104 January term, 1880. Debt, 1^596.44. Fi. fa. 4 if they see fit, and present their claims against said
March term, 188-5. Powell, Att'y. 1 estate, or forever thereafter be debarred from coming
All that lot of' land in the township of Plymouth, in upon said fund,
beginning at corner on old Ross Hill road and Mrs.i JOSEPH HENDLER,
Lydia Jones' lot, and running along said Mrs. Jones' 17^ Clerk O. C.
lot northwesterly 100 feet to corner, thence by said|
Mrs Jones' lot 40 feet to corner of saJd lt»t and fme or^^^,poWS' APPRAISEMENTS,
and fate belonging to John Gould, thence along sa.d , VV Notice is hereby given to all persons concerned.
Ime northwesterly 153 »eet or thereabouts to a .o-foot ^^^^ ^.,j^^^. appraiscnTents in thrfollowing estates
alley, thence along said alley 9«^2 f<-;<^l «« « ^^"^^rhavc been approved nisi by the Orphans' Court of
thence southeaster y 248^^ feet to said old Ro.ss Hill, , ,^^^„^^ ^^^,„»;^^ ^^„j ,„j^^/^ j J, ^^ filed, will
ro:ul an. thence along sa.d road southwesterly 50 feet j,^ presented for final approval on Monday, the 5th
to the place of beginning : all improved, and naving'j *j^j^ ^j^^j,|^ ^gg, . '^*^ j» ^
erected thereon one two-story frame dwelling house^ ' tohe'rt Helm, Daniel Van Scoy. Thomas Hutchins.
and outbuildings, and fruii^Uees. 7-9 Samuel Wolf, Jam.s C. Howell?, Wm. H. Sperring.
Suit of Ezra Stair v. Abraham Arnold and Elizabeth '^""^ "''■•^'" ^°'^*'' '***'iosEPH HENDLER
Arnold. I r'Urlr n C
134 February term, 1883. Debt, ^206.25. Fi. fl*.K^ _____ll_
14 March term. 1883. Cannon, Att'y. I
Also three other suits of same amount. i T UZERNE COUNTY, ss :
All that lot of land in Slocum township, beginning' Lj To all whom it may concern: Take notice that
at a stone planted for acomer in the middleof a publid H. J. Secly and Peter Meixel, Tru.stees of the real
road, thence along the Christian Leuder estate and estate conveyed by Christian Billhamcr and wife to
middle of said public road 39 2-10 perches to a stone the German Presbyterian and Lutheran Churches of
corner of land of Josiah Jones, thence along land of thc'SuIem, have applied to the Court of Common Pleas of
same 36 8-10 perches to a post, thence to a post in the; Luzerne county for an order to sell said property, and
public road, thence along said public road 51 2-101 that all oei^jons interested mav be heard before said
perches to a stone corner, the place of beginning, con- court on Monday, March 12, 1883, at 10 o'clock A. M.
taining 10 acres of land, more or less ; all improved,
with a two-story frame dwelling, a bam, and other
outhouses, and blacksmith shop and fruit trees thereon
By order of the court.
Q. A. GATES,
8-10 Attorney.
ESTATE OF JOHN BLANCHARD, DEC'D. ^ ^.,^,,,., .^ ueoirpv rivi7V that aK
In Orphans^ Court ol Luze.-ne county. In Re VT^^^J:''' .''^ ^.^'^''^y ^l^^? J^^T ^
Petition of James Post and Joseph Blanchard, Admin- ,JL>I application will be made tinder the Act of Assem-
istrators of said estate, for specific performance of con-M^'x^ entitled -An Act to provide for the incorporation
tract with G M Wolf 1 and regulation of certain corporations, approved April
Now, iiih January. 1883, the court order citation to^'.»S74. and the supplements thereto, for the incorpo-
the parties interested and named in the petition toka""" ^f an intended corporation, to be called Ihe
appear and show cause why the prayer of the petition-l Hazleton Coffin and Casket Company, the character
ers shall not be granted, &c. By thh Coukt, \^^^ .o^J^cts of which arc the manufacture of and deal-
Certified from the records, this isth day of February,! "'8 "" coffin's, caskets, and undertakers supphes and
,883 Joseph Hendlfr Clerk O C imaterials of all kinds, and the manufacture of and
Per B.M. Ckary, Ass't deahng in all kinds of wood work, cabinet, carpenter.
In pursuance of the above order, notice is hereby »"«* ^"••<^>"8 »«»*"•»'• ^^ „ T-n^tTi-^* * i^»
given to Eveline Clark, Joseph Blanchard, John Rob- ^^^- "• TROUTMAN,
bins, Ada Robbins, Clarence Robbins, Mattie Robbins, 7-Q Solicitor.
William Robbins, Jackson Robbins, Caroline Post.
Mariah Savage and Martha A. BLsher children and -^^ jS HEREBY GIVEN THAT AN
^^?.o J°Wo?J^Hi^'^TS*^?*'^^ff*' ''"^T^H ^ ?'f 'I N application will be made to one of the Judges
Or^h^*^? Vnnrt tn h?k M V W T^^'r-^"''^''! "^ '^^ of the Court of Common Pleas of Luzerne county, un-
^oTnrl P^n^JllvL^^ ^n M Y ^^K ^K ''{"""Jl^" »he provisious of the Act of Assembly, entiUed
Ma^^rM, a? oo-^^^^^^ mV ^ '^''^' °7'An Act to provide for the Incorporation and regula-
^;^i!H^?i.?on ^^' ^°''*'''' lion of certain corporation." approved April 29. 1874.
tne saia petition. wat vitd and the supplements thereto, on Monday, the 5th day
M. t. WALKKR, \f j^jarch, 1883, at 10 o'clock A. M., for the incorpo-
7-9 :^':!!'5Z:_' ration of an intended corporation, to be called "Ihe
JOHN F. EVERHART, I Excelsior Comet Band," of West Piliston, the char-
a student at law in the office of G. S. Ferris, willjacter and objects of which arc the practice and promo-
apply at March term, 1883, for admission to practice ition of music,
as an attorney in the several courts of the county of I F. C. MOSIER,
Luzerne. 8-10' 7-9 Solicitor.
50
Digitized by KjOOQ IC
ORPHANS' COURT SALE.
Escate of Catharine Siout, deceased. By virtue
rf an order of the Orphans' Court of Luzerne county,
there will be *old at public sale, at the Arbitration
room. Court House, at Wilkes-Barre, on Saturday.
March xo, 18S3, at 10 o'clock A. M., all that piece of
land in Salem township, bounded northerlv by the
Pennsylvania Canal, easterly by lands of Catharine
Scakcy and Daniel Brobsi, southerly by the Susque-
hanna river, and westerly by lands of Josiah F. Beach,
Btrmr Jajnes Lockard, containing one acre, moreorlcss ;
improved, with two i^-story frame dwelling houses
and other small outhou<(es theteon, also some fruit trees.
Tkrms of Salb — ^50 cash down on day of sale, and
the InJance of purchase money on confirmation of sale
and deliver)' of deed.
WESLEY RABERT.
T. R. MARTIN, Administrator.
Attorney. 7-9
ORPHANS' COURT SALE.
Estate of James Gallagher, deceased. By virtue
of an order of the Orphans Court of Luzerne county,
the undersigned will sell at public auction, on the
premises, at Hazleton, on Thursday, the 15th day of
March, 1883, at 2 o'clock P. M., all that lot of ground
in the borough of Hazlcion, which originally consisted
of two lots of ground, bounded and described as follows :
The one lot is on the southwest comer of Wyoming
and Maple streets, containing in breadth or front on
^d Wyoming street 30 feet, and extending of that
breadth in Icnghth or depth alon^ the south side of
Maple street i^ feet to a 20-fbot wide street.
Ihe other is on the west side of Wyoming street,
commencing at a distance of 120 feet northward from
the north side of Green street, containing in front or
breadth on said Wyoming street 30 feet, and extending
of that breadth in length or depth westward 190 feet to
a ao-fiaot wide street.
Both the lots being contiguous, and to be sold as one
lot, being 63 feet in front or breadth, and 190 feet in
depth or length. AH improved, with a two-story frame
dvdUng house and outbuildings thereon.
Terms op Salh — ao per cent cash, and the balance
on conlinnation.
JAMES F, GALLAGHER,
7-9 Administrator.
ORPHANS' COURT SALE.
Estate of Lewis Weidenbach, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, on the premises,
in Hazleton, on Saturday, March 10. 1883, at 2 o'clock
P. M., a lot of eround on the south side of West Broad
street, in the Dorough of Hazleton, bounded on the
ncTih Broad street, on the east by lot of Susan E.
Bright, on the south by Mine street, and on the west
by lot of F. Lauderbum, containing in front on said
Broad street 19 feet and 4 inches, and extending of this
width back to Mine street 150 feet; upon which is
erected a two-story frame building, used as a store by
Powell Brothers & Harris, together with joint use of
c^mney situate on the division line of said property
on the east, and to remain unchanged as long as build-
tan are unchanged.
TEKMS OF Sale — 25 per cent cash on day of sale, 35
per cent on confirmation of sale, and the balance in six
months from day of sale ; to be secured by bond and
OBortzafie, with interest.
JOHN G. SEAGER,
C. W. KLINE, Adm'r d. b. n. c. t. a.
Attorney. 7-9
ORPHANS' COURT SALE.
Estate of Thomas Hutchins, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
i^rc will be exposed to public sale, at the Terra Cotta
Works, in Wyoming village, on Friday, March i6th.
1383, at 10 o'clock A. M., the following described real
estate, viz. :
I. All those messuages and tracts of land ^the sur-
face thereof) in the village of Wyoming, Kingston
lovttstiip, bounded and described as follows, to wit
(i) Beginning at a corner of land of Isaac C. Shoe-
maker, thence along said Shoemaker's land from the
north rail of the Lackawanna and Bloomsburg Railroad
14 rods and 33 links to a corner on land of William S.
I Shoemaker, thence along the said lands of William S.
Shoemaker 15 rods to a corner, thence along lands of
William S Shoemaker 19 rods and 9 links to a comer
at the north rail of the said Lackawanna and Blooms-
burg Railroad Co., thence down said railroad 15 rods
and 1 link to a corner, the place of beginning, contain-
ing I acre and 96 perches of land, more or less.
(2) Beginning at a corner of land of Thos. Hutchins,
deceased, and Isaac C. Shoemaker, thence 3 rods to a
corner, thence 14 rods and 14 links to a corner, thence
I rod and 2 links to a corner on said Hutchins' land,
thence 15 rods to a corner, the place of beginning, con-
taining 30 perches of land, more or less.
(3) Beginning at a corner of land of Thos. Hutchins,
deceased, at north rail of the Lackawanna and Blooms-
burg Railroad, thence along land of the said Hutchins
and W. S. Shoemaker 17 rods and 22 links to a corner,
thence 4 rods to a corner, thence 11 rods and 3 links to
a corner, thence 14 rods and xo links to land of Law- •
rencc Myers, being the Commissioners' line between
lots Nos. 35 and ^6, third division of Kingston town-
ship (18 feet in width along the northwest side to re-
main in Isaac C. Shoemaker for a right of way only),
thence 6 rods to the north rail of the Lackawanna and
Bloomsburg Railroad Company, and thence along the
said railroad 14 rods and 10 links and 4 rods to the
place of beginning, containing 156 perches of land.
(4) Beginning on the east corner of the Lackawanna
and Bloomsburg Railroad Company's depot lot, at the
north rail of said railroad, thence 6 rods to a corner,
thence 17^ rods to a corner near a linden tree on land
of Lawrence Myers, thence 11 rods to the line of the
Lackawanna and Bloomsburg Railroad, and thence
down said railroad 7^ rods to the place of beginning,
containing 74 perches of land, more or less ; 18 feet on
the northwest side of the last mentioned lot being re-
served by Isaac C. Shoemaker for a right of way ; and
reserving all the coal and other minerals; and having
erected thereon a terra cotta manufactory.
2. Being the premises on Carey town road, city of
Wilkes-Barre, beginning at a comer of Patrick Wall-
gar's lot, and running back at right angles wiih said
road 147 (eet to a corner, thence on a line parallel with
said road 50 iect to a corner, thence on a straight line
parallel with the first 147 feet to a corner on said road,
thence up along said road 50 feet to the place of begin-
ning, containing one-quarter of an acre of land, more
or less ; and having a two-story frame dwelling house
and outbuildings thereon.
3. Being the premises in the borough of West Pitts-
ton, beginning at a point on Philadelphia avenue at a
distance of 50 feet southeastwardly from Fifth street,
and extending southwestwardly at right angles to said
avenue the distance of 200 feet to Atlantic street,
thence southeastwardly along said Atlantic street 50
feet, thence northeasterly at right angles to Atlantic
street 200 feet to Philadelphia avenue aforesaid, and
thence northwesterly along said avenue 50 feet to the
place of beginning ; the .said lot being No. 70, Phila-
delphia avenue ; reserving all the fossil or mineral
coal, iron, or other ores.
Terms of Sale — 10 per cent on day of sale, 15 per
cent on confirmation of sale, and the balance (75 per
cent) one year from sale, with interest from day of sale;
deferred payments to be secured by bond and mortgage
on the premises.
R. H. WEIR,
R. H. HUTCHINS,
McLEAN & JACKSON, Administrators.
Attorneys. 8-10
ESTATE OF JOHN BARNEY, LATE OF THE
borough of Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
CATHARINE BARNEY,
6-zx Administratrix.
51
Digitized by VjjOOQIC
NOTICE IS HEREBY GIVEN THAT AN| A UDITOR'S NOTICE,
application will be made under the Act of Asnem. £\ EsUte of Elias Hoyt, dcc'd. The undersigned,
biy, entitled "An Act to provide for the incorpormtion an Auditor, appointed to report upon the «xcepiio» to
and regulation of certain corporations," approved »9thi the account <w Executor, will attend to the duiiesKif
April, 1874. and the ttupplements thereto, for the incor- his appointment, at his office, in the city of Wilke«-
poration dfan intended corporation, to be called " Thc| Barre, on Saturday, March 24th, 1883. at 10 A. M.
Wj'oming^ Accidental Insurance Companv," the object' G. R. BEDFORD,
of which ts to insure workinginen of all ciasaes against |8-zi Auaitor.
accidents while at work, \~"
W. H. HINES. Tj^STATE OF REV. CHAS. A. MATTINGLV,
7-9 Solicitor. I j2j late of Nanticoke, deceased.
— ! Letters testamcntar>' upon the above named estate
NOTICE IS HEREBY GIVEN THAT AN t*^!"8 ***«." e™n««<i ^ the undersigned, all persons
application will be made under the Aaof Assem."^^^'"K ^>'"« J^ainst the same wiUpreynt them for
bly, entiiled "An Act to provide for the incorporation I Py'"^?^- *"d «*»«^ indebted thereto will please make
and regulation of certain corporatiojis," approved 29th | """"^ J^^^thqM AS J RAY
rev! TIMOTHY J. DOkOHUE
April, 1874. and the supplements thereto, for the incor-
poration ofan intended corporation, to be called " Tlic
Consumers Coal Company," ihe character and objects
of which are the mimng, preparing, shipping, selling,
purchasing, and otherwise dealing m anthracite co^,
and also the leasing, purchasing, and holding, and
demising real and personal estate connected therewith.
£. P. & J. V. DARLING.
8-10 Solicitors.
LUZERNE COUNTY, ss:
In the Court o( Common Pleas of said county.
No. ic6, November term, 1882. Libel in divorce a
vinculo matrimonii. James Henderson v. Catharine
Henderson. To Catharine Henderson — Please take
notice that the court has granted a rule on you to show
cause why a divorce a vinculo matrimonii shall not be
made and entered in favor of the libellant, service of
the origmal and alias subpoenas having failed on ac-
count of your absence. Returnable on Monday, 5th
March, 1883, at 10 o'clock A.M.
ALFRED DARTE, Jr.
SolU
Executors.
ESTATE OF JULIA McNULTV, LATE OF
Wilkes-Rarre township, deceased.
I..ctters of administration iukmi the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tneoi
tor payment, and those indebted thereto will please
make immediate payment to
ALICE McNULTY.
E. P. & J. V. DARLING. Administratrix.
Attorneys. 8-13
«-9
olicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 52, November term, x8Sa. Libel in divorce a
vinculo matrimonii. Mar>' J. Morgan, by her next
friend, David Maxey, v. David C. Morgaiv. The alias
subpoena in the above case having been returned non
est inventus, you, the said David C. Moi^gan, are here-
by notified to appear^t said court, on Monday, March
5, 1883, at II o dock A. M., to answer the complaint
dierein filed.
WILLIAM O'MALLEY,
GEO. H. TROUTMAN. Sheriff.
Solicitor. 6-9
ESTATE OF W. S. HILLARl). LATE OF THE
city of Wilkes-Barrc, deceased.
Letters testamentnr>' upon the above named estate
having been granted to tne undersigned, all penons
having claims against the same wiU present them lor
payi8ent, and those indebted thereto will please make
immediate paymeiu to
RUTH B. HILLARD,
E. G. BUTLER, Executrix
Attorney. 8-13
ESTATE OF JOSEPH SCHAPPERT, LATE
of Nanticoke, deceased.
Letters testamentary upon the above 1
having been granted to the imoersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARY ANN SCHAPPERT,
JACOB .SCHAPPERT,
8-13 Executors.
ESTATE OF MICHAEL STEIN, LATE OF
Dorrancc township, deceased.
Letters testamentary upon the above named estau
having been granted to the undersigned, all pereom
,1 having claims against the same will present them duly
LUZERNE COUNTY, m
In the Court of Common Pleas of «aid county,
No- 597» October term, 1882. Libel in divorce a vin- ,~. , .- ,.^-....i.
culo matrimonii. Hannah Barker, by her next friend, authenticated for payment, and those indebted thereto
William Kitching, v. Francis Barker. The alias sub.| «^»ll P^«»*e make paj^mcnt t^
poena in the above case having been returned non est<
inventus, you, the said Francis Barker, are hereby 1 7-'f
notified to appear at said court, on Monday, the stn I ^„ ^„ ^,,«. «,x„,^«,< • . .«„ ^^r^
day of MarcliVi883, at 10 o'clock A.M.. i answer I r? STATE OF ELIZA BOWERS, LATE OF
the cemplaiiu therein filed. -"-^ Wyoming, Kingston township, deceased.
WILLIAM O'MALLEY ' Letter* testamentary upon the above named esttitc
EDWARD A. LYNCH, Sheriff, having been granted to the undersigned, all i>e»<»s
Solicitor. 6-Oih^^'"6 claim>i against the same will present them tor
GEO. H. HINKLEMAN,
Executor.
AUDITOR'S NOTICE
The undersigned, an Auditor, appointed by the'g., .
Court of Common Pleas of Lurcme coimty to distrib-
payment, and those indebted thereto will pleaae
I immediate payment to
WILLIAM HANCOCK,
Executor.
ute the fund arising hrom the Sheriff's sale of the per- 1 TESTATE OF ELIZABETH CONNELL, LATE
sonal property of LeGrand & Boyer, will attend to the Hi of Pitiston, deceased.
duties of his appointment, at the office of Alexander! Letters testamentary upon the above named estate
Famham, Esq., on Franklin street, in the city of thaving been granted to the tmdersigned, all persoos
Wilkes-Barre, on Wednesday, the t4ih day of March, having claims against the same will present them for
1883, at 10 o'clock A. M., at which time and place all payment, and those indebted thereto will please make
persons having claims asainst said fund are notified to immediate payment to
present the same, or be f o rever debarred from coming J. A. COLLIER.
in on said fund. JOHN H. MULLIN,
R. D. EVANS, I F. C. MOSIER. Executois.
7-10 Auditor. Attorney. S*'"
52
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, March 9, 1883. No. 10.
Agib Ricketts was born in OrangevHIe. Columbia county,
Pennsylvania, in 1833. He is the son of the late Ehjah Green
Ricketts. an old settler of Columbia county, and is of English
and Scotch extraction. In his young days he entered Wyoming
Seminary, after which time he taught school in his native place,
subsequently graduating at Dickinson College, at Carlisle, Pa,
He then entered the law office of William G. Hurley, at Blooms-
burg, and was admitted to the bar of Columbia county in 1856,
and on the 6th of January, 1857, was admitted to the bar of
Luzerne county, where he has been in continual practice since.
On May 17, 1862, Mr. Ricketts was appointed Chief of Police
of the borough of Wilkes-Barre. It was during his term in this
office that he arrested the late Hon. Ezra B. Chase, at one time
Speaker of the House of Representatives of Pennsylvania, and
at that time District Attorney of the county; Ira Davenport, a
prominent merchant of Plymouth, and Geo. B. Kulp. Speaking
from personal knowledge, the writer, as one of the persons
arrested, has never learned the cause of his arrest, although more
than twenty years have passed since the event. Mr. Ricketts
claimed that it was by virtue of the following order of the War
Department:
At4gust 8, 1862.
Ordered, that all . . Chiefs of Police of any town, city, or
district, be and they are hereby authorized and directed to im-
prison any person or persons who may be engaged by any act of
speech or writing in discouraging volunteer enlistments, or in
any way giving aid and comfort to the enemy, or any other dis-
loyal practice against the United States.
Edwin M. Stanton,
Secretary of War.
Digitized by VjjOOQIC
6o Agib Ricketts.
Messrs. Chase, Davenport, and Kulp were arrested on Friday
evening. August 29. 1862. They apph'ed next day before Judge
Conyngham for a writ of habeas corpus, Mr. Ricketts claimed
until the following Wednesday for time to make answer, when
he quoted the above order as his justification. Judge Conyng-
ham remanded the prisoners to the custody of the Sheriff, claim-
ing that the President had suspended the writ of ftabeas corpus^
when, as a matter of fact, Congress had not passed the act author-
izing the President to suspend the writ, until March 3, 1863.
The following are the words of the law enacted at the last named
date:
**That during the present rebellion the President of the United
States, whenever, in his judgment, the public safety may require
it, is authorized to suspend the privilege of the writ of ftabeas
corpus in any case throughout the United States, or any part
thereof
It was estimated that over four thousand persons were arrested
during the month of August, 1862, but the exact number was
never given, as the War Department issued an order "that the
names of parties arrested should not be published." The arrest of
the persons named caused great excitement and indignation, and
led to the resignation of Mr. Ricketts as Chief of Police, as
appears from the following letter of his to the Town Council :
Wilkes-Barre, October 77, 1862.
Gentlemen of the Town Council: You will please accept my
resignation of the position of Chief of Police of this borough.
Having been told by members of your body that they considered
me incompetent to discharge the duties of the office with proper
judgment, and requested, therefore, to, resign, it would be pre-
sumption to retain it. It was impossible to resign at once in
obedience to this request, as it would have then seemed disloyal
and a shrinking from grave duty, but now recent action of the
War Department has removed this difficulty. Permit me to
return grateful thanks to those of you who have sustained me so
manfully in the discharge of my duty.
Respectfully,
A. Ricketts.
During the three days, from Wednesday until Saturday, that
Messrs. Chase, Davenport, and Kulp were under arrest, they
Digitized by VjjOOQIC
Agib RicKErrs. 6i
amused themselves in the following manner: Mr. Chase in visit-
ing Camp Luzerne, at Mill Hollow, where the 143d Regiment
Pennsylvania Volunteers were encamped, and in assisting Col.
Hannum in editing the Luzerne Union; Mr. Davenport in visiting
friends and relatives in Wilkes-Barre; and the writer in visiting
Scranton, Pittston, and other places in the valley. On Saturday
morning they came to the conclusion that the whole matter was
a farce, and they returned to their respective places of business,
and that was the last they ever heard of the arrest As almost
every Chief of Police in the United States had arrested from
three to five men under similar circumstances, it became neces-
sary for the War Department to issue the following order:
September <?, 1862,
Arrests for violations of these orders and for disloyal practices
will hereafter be made only upon my express warrant, or by
direction of the Military Commander or Governor of a State.
Because of the arrests by the Chiefs of Police throughout the
North, the Democratic party carried the States of New Jersey,
New York, Pennsylvania, Ohio, Indiana, and Illinois in 1862, and
after that time very few arrests of citizens were made^
During the Antietam campaign, Mr. Ricketts was Captain of
Company I, Third Regiment Pennsylvania Volunteers. He left
for the seat of war on September 13. 1862, and remained in the
service about three weeks.
In 1878 Mr. Ricketts presented a petition to the Legislature
of Pennsylvania for the impeachment of the late Hon. Charles P.
Waller, President Judge of Wayne county, and in 1879 for the
impeachment of Hon. Garrick M. Harding. It is needless to
say that none of the charges alleged as cause for impeachment
were sustained.
In 1880 he was the Independent or Labor Reform candidate
for Additional Law Judge of Luzerne county. In a total poll of
nearly 25,000 votes, he received 470.
In 1862 Mr. Ricketts married Annie Piper, of Carlisle, Pa.
The couple have a family of five children, two sons and three
daughters.
It is not the purpose of the writer of these papers to carp or
criticise. Any attempt in that direction in the case of the gen-
Digitized by VjjOOQIC
62 Agib Ricketts.
tleman whose biography is above briefly outlined would be con-
strued as prompted by a desire for revenge, arising out of the
circumstances of the arrests that have been alluded to, but we
can honestly say that we entertain no such desire. Nevertheless,
we feel that our task would be far from complete, our outlinings
of the characters and records of our brothers of the legal frater-
nity of Luzerne much short of accuracy, were we to refrain, even
in this case, from the general summarizing with which all the
previous sketches have ended.
Agib Ricketts is manifestly a man of great natural ability. He
is a student of wonderful industry. He has been a great reader,
not only in the field of jurisprudence, but of general literature;
is a ready and concise writer, and an excellent speaker; has a
remarkable memory, and a moral and physical courage that
make him wholly insensible to fear. Yet there is an erratic
something that has always stood between him and success in his
profession and in general life; that has resulted in his being dis-
tanced by men of far less capacity, and far fewer of the qualities
that usually achieve the victories of the professional arena, and
that has caused him to net a much narrower margin of material
gain than would seem to be the legitimate earnings of such ex-
ceptional talents and energies as he undoubtedly possesses. He
will quote the law of Moses against the Jew ; will cite the teach-
ings of Christ to correct the erring Christian; has, seemingly, a
formidable array of the best authorities in support of every posi-
tion he assumes; but very often they are like symmetrical and
beautiful arches, perfect in every particular, saving only that they
have a defective keystone.
Personally, Mr. Ricketts is all that a gentleman should be
under ordinary circumstances. He is a delightful companion to
those with whom he has had no cause of contention. It is only
when his apparently irresistible inclination to exaggerate his own
grievances or those of his clients is upon him, that he is led into
unfairness and injustice to his fellows — to the effort for the incar-
ceration of the innocent citizen, and the pulling down of the
unoffending judge.
Digitized by VjjOOQIC
Calvin Wadhams. 63
The family of Wadham had its origin in Devonshire, England,
and its name from the place of its residence, Wadham, which
signifies "home by the ford," in the parish Knowston, near the
incorporated town of South Molton. Lyson, in his "Magna
Brittanica," says: "The manor of Wadham, at the time of the
Domesday survey, in 1086, belonged to an old Saxon by the
name of Ulf, who held it in demesne since the time of Edward
the Confessor, 1042. It was not improbable that he, Ulf, might
be the ancestor of Wadham, of which this was the original resi-
dence. William De Wadham was freeholder of this land in the
time of King Edward I., 1272, and both East and West Wadham
descended in this name and posterity until the death of Nicholas
Wadham, founder of Wadham College, Oxford, in 1609, when it
passed to his sisters' families, and is still in possession of their
descendants. Merrifield, in Somersetshire, came into possession
of Sir John Wadham, Knight, by his marriage with Elizabeth,
daughter and heir of Stephen Popham, and was inherited by
their son, Sir John Wadham, whose descendants were called
•Wadham, of Merrifield.' The principal places of residence of
this family in England were in the counties of Devon, Somerset,
and Dorset."
Calvin Wadhams, the subject of this sketch, is a native of
Plymouth, in Luzerne county, where he was born, December 14,
1833. He is a descendant of John Wadham, or Wadhams, as
the name is now spelled, who came from Somersetshire, England,
as early as 1650, and settled in Wethersfield, Conn., as may be
seen from deeds of purchase of lands and other records of the
town. He died there, 1676.
John Wadhams, son of John, born July 8, 1655, ^'^o died in
Wethersfield.
• Noah Wadhams, son of John, was born August 10, 1695, and
removed from Wethersfield to Middletown, Conn., in 1736, thence
to Goshen, Conn., about 1773, where he died, 1783.
Noah Wadhams, son of Noah, was born May 17, 1726, and
was educated at the College of New Jersey, now at Princeton,
then at Newark, N. J., where he graduated. His diploma, dated
Digitized by VjjOOQIC
64 Calvin Wadhams.
September 25, 1754, is now in possession of the above-named
Calvin Wadhams, his great-grandson. It bears the name of
Rev. Aaron Burr (father of Aaron Burr, who was, in 1801, Vice-
President of the United States) as President of the College.
"The document is the surviving witness of three generations past
and gone, and a testament, also, of the times of George III., and
when the present State of New Jersey was one of the colonies of
his realm." Mr. Wadhams studied theology at New Haven,
Conn., receiving the degree of A. M. from Yale College, 1758.
He was ordained a minister of the Congregational Church, and
settled as the first f)astor of the New Preston Society, in the
towns of New Milford and Washington, Conn., at its organization,
in 1757, and continued his pastoral relations to that society for
eleven years. At a meeting of the Susquehanna Company, in
Connecticut, in 1768 **the standing committee was directed to
procure a pastor to accompany the second colony, called the
'first forty,* for carrying on religious worship and services,
according to the best of his ability, in the wilderness country,"
and Rev. Noah Wadhams was chosen for that purpose. He had
married Elizabeth Ingersoll, of New Haven, November 8, 1758,
and they had a family of small children. " Leaving his family
at their home in Litchfield, he embarked with his flock in 1769,
amid the perils which lay before them on the distant shore of the
Susquehanna, in a wilderness made more forbidding because of
the savage people who were in possession of the valley.** He
continued his pastoral relations, interrupted by an occasional
visit to his family in Litchfield, until the year succeeding the
Wyoming Massacre, when he removed them to Plymouth.
There he faithfully pursued his religious duties, holding meet-
ings in Plymouth and other and distant parts of the county, dur-
ing the remainder of his life. He died May 22, 1806.
Calvin Wadhams, son of Rev. Noah, was born December 22,
1765. He was one of the prominent business men of the county,
and his success was remarkable. In frugality and industry, he
was a genuine type of the men of his time, and his labor, econ-
omy, and good judgment made up the rule of his long and pros-
perous life. He was a religious man, whose charity and hospi-
tality were all embracing. He married. February 10, 1791,
Digitized by VjjOOQIC
Calvin Wadhams. 6$
Esther Waller, of Connecticut, and he died April 22, 1845, aged
eighty years.
Samuel Wadhams, son of Calvin, and father of the subject of
this sketch, was born in Plymouth, August 21, 1806. He inher-
ited largely the energy, character, and views of his father; was a
man of good business qualities, even tempered, and of friendly
disposition. He married, April 7, 1824, Clorinda Starr Catlin, of
New Marlboro, Mass., and he died, December 15, 1868, as he
had lived, an upright and worthy Christian member of society.
The subject of this sketch graduated at the College of New
Jersey (Princeton) in 1854, exactly one hundred years after his
great-grandfather graduated from the same institution. He studied
law with Hon. L. D. Shoemaker, and was admitted to the bar
April 6, 1857. He married, October 8, 1861, Fanny D. Lynde,
a native of Wilkes-Barre, daughter of John W. Lynde, a native of
Putney, Vt. Her maternal grandfather was Capt. Josiah Cleve-
land, of Revolutionary memory. They have had four children,
Mary Catlin, Lynde Henderson, Frank Cleveland, all of whom
are now deceased, and Raymond Lynde, who was born September
25, 1872.
Mr. Wadhams is one of the oldest members of the Wyoming
Historical and Geological Society, having been elected during
the first year of its existence, on the 6th of September, 1858.
He was chosen its Secretary in 1 861, and served for eleven years,
with the exception of two years, when he was Corresponding
Secretary. At the annual meeting, February 11, 1873, he was
elected President of the society, and served for one year, with
efficiency.
Mr. Wadhams was one of the corporators and first managers
of the Wilkes Barre Hospital, and took an active part in the
direction which brought about its present success.
As a memorial to their deceased children, Calvin Wadhams-
and Fanny, his wife, erected Memorial Church, one of the prin-
cipal church edifices in Wilkes-Barre, at a cost of |l 125, oca
Their object in so doing is fully set forth in the following extract
from the deed conveying the property :
Whereas, Mary Catlin Wadhams, who was bom July 20, 1862,
and who died January 16, 1871; Lynde Henderson Wadhams,
Digitized by VjjOOQIC
66 Calvin Wadhams.
who was born April 8, 1864, and who died February 9. 187 1 ;
and Frank Cleveland Wadhams, who was born May 7, 1868, and
who died January 14, 187 1, were all children of Calvin Wadhams
and Fanny D. L. Wadhams. and were taken away by death early
in life, leaving their parents at the time childless. And the said
Calvin Wadhams and Fanny D. L. Wadhams desiring to com-
memorate the brief lives of their children, and feeling accountable
as parents, not only for the influence exerted by their children
while on earth, but for the perpetuation of good influences after
they have gone to their reward, and anxious to do some act
as representing the good works which they hoped of and from
their children had the latter attained mature years, have erected
in the city of Wilkes-Barre a church for the worship of Almighty-
God, intended as a house of prayer for all people.
And in connection therewith a congregation was gathered and
a church organization duly effected, February 24. 1874, the
membership numbering forty-two.
In the fall of 1870 Mr. Wadhams organized a Sunday-school
in the upper part of town, which rapidly increased in member-
ship, and at the organization of the church became attached
thereto, he remaining Superintendent a number of years.
The work on the church was begun on Tuesday, May 21,
1872, and on Saturday, July 20, same year, the tenth anniversary
of Mary Catlin Wadhams* birth, the corner-stone was laid with
appropriate religious services. The motives actuating Mr. and
Mrs. Wadhams in erecting this church are very clearly expressed
in a paper which was read on the occasion of the laying of the
corner-stone.
These children were not permitted to live long enough to
•exert much influence for good in the world. We, therefore, desire
to enlarge that influence by erecting this edifice for the worship
of God. We feel that as our children can no more speak for
Jesus here, they may have a representative to do it for them; and
.as they cannot go about doing good, the money that would have
been theirs may be profitably spent in getting others to go about
doing good for them.
The church was publicly dedicated to the worship of Almighty
God April 8, 1874, the tenth anniversary of the birth of Lynde
Henderson Wadhams. Mr. Wadhams formerly presented the
church to the Board of Trustees, by whom it was accepted, sub-
ject to the following conditions:
Digitized by VjjOOQIC
Calvin Wadhams. 67
1st. That the same shall be kept and maintained as a place for
the worship of Almighty God agreeably to the principles of the
Presbyterian Church in the United States of America in its doc-
trines, ministry, forms, and usages. 2d. That the same shall be
used only for religious purposes, and shall not be used for any
secular purpose whatever. 3d. That said Memorial Church shall
keep and maintain the buildings and premises in thorough order
and repair. 4th. That the buildings and furniture be kept rea-
sonably insured. 5th. That every tenth pew in the church edifice
shall remain forever free, and shall not be liable to any charge
or assessment for any purpose whatever. 6th. That the said*
Memorial Church, in case of the death or inability of the said
grantors, shall keep in thorough order the lot in HoUenback
Cemetery in which lie buried the said three children of the said
Calvin Wadhams and Fanny D. L. Wadhams, his wife.
On May 7, 1874, the sixth anniversary of the birth of Frank
Cleveland Wadhams, the first pastor was installed.
Many of Mr. Wadhams' relatives are and have been well and
favorably known, some of them as occupants of important posi-
tions in this and other parts of the country. Hon. E. C. Wad-
hams, late State Senator for this district, is a brother; Hon. L. D.
Shoemaker, ex-Congressman, a brother-in-law, and Sam F. Wad-
hams, one of the young members of the Luzerne bar, a nephew.
The late Moses Wadhams, Esq., of this city, was also a brother.
Rt. Rev. Edward Prindle Wadhams, Bishop of the Diocese of
Ogdensburg, is also a relative.
Mr. Wadhams had an attack of paralysis in May, 1882, from
which he has never wholly recovered. Previous to that time he
was an active business man and enterprising citizen, solicitous for
the city's welfare, and never loth to contribute of his means and
time and effort to advance its interests.
It is needless to add to the facts above detailed, that he is a
man of most generous impulses. What he gave away for good
purposes, out of the great charity of his heart, when he was
wealthy, would have left him still so, had it been retained by
him. He works now in his profession, not much as an advocate,
but industriously as an oflfice lawyer, seemingly not at all em-
barrassed or hindered in any way by an eyesight so defective that
it compels him almost to bury his head in the paper he is read-
ing, or on which he is writing. He has many friends, and just
Digitized by VjjOOQIC
68 Lewisburg National Bank v. Broadhead.
enough enemies to affirm his possession of that quah'ty of self-
respect without which a man is not a man.
€cmrt of Common JJlccw of Cujeme Countg.
The Lewisburg National Bank v, Broadhead.
Affidomt o/eU/entt — Warranty in salt qfchattelt — Chtck.
z. Any defense which would be good against the payee of a check is good against his agent, to whom
it had l>een indorsed merely for the purpose of collection.
3. An averment in an affidavit of defense that the defendant is informed and believes this to be the
fact, and that he expects to be able to prove the same, is sufficiently certain.
Rule for judgment for want of a sufficient affidavit of defense.
The opinion of the court was delivered November 27, 1882, by
Rice, P. J. — The affidavit of the defendant avers an express
warranty for the horses, for which the check in suit was given in
part payment, a breach of the warranty, and damages to the
amount of one hundred and seventy-five dollars. As against the
payee in the check, this constitutes a complete prima facie defense.
An express warranty being averred, it was not incumbent on the
defendant to aver that he did not purchase on inspection. It is
also beyond question that any defense which would be good
against the payee of the check, would be good against the payee's
agent, to whom it had been indorsed merely for the purpose of
collection. The defendant swears that " he is informed and be-
lieves" this to be the fact, "and expects to be able to prove" the
same. Under the authorities, this averment is sufficiently cer-
tain. Black V. Halstead, 3 Wr. 64; Thompson v, Clark, 6 Sm.
33; Reznor v. Supplee, 31 Sm. 180; Moeck v, Littell, i Nor. 354.
The rule is discharged.
D. L. O'Neill, Esq., for plaintiff.
John McGahren, Esq., for defendant.
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Elstate of Thomas Hutchins. dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Terra Cotta
Works, in Wyoming village, on Friday, March i6th.
1883, at 10 o'clock A. M., the following described real
esute, viz. :
z. All those messuages and tracts of land (the sur-
face thereof) in the village of Wyoming, Kington
township, bounded and described as follows, to wit :
(i) B<sinning at a comer of land of Isaac C. Shoe-
maker, thence along said Shoemaker's land from the
north rail of the Lackawanna and Bloomsburs Railroad
14 rods and 33 links to a comer on land of William S.
Shoemaker, thence along the said lands of William S.
Shoemaker i^ rods to a corner, thence along lands of
William S. Shoemaker 19 rods and 9 links to a corner
at the nonh rail of the said Lackawanna and Blooms-
burg Railroad Co., thence down said railroad 15 rods
ana t link to a comer, the place of beginning, contain-
ing X acre and 96 perches of land, more or less.
(2) Beginning at a comer of land of Thos. Hutchins,
deceased, and Isaac C. Shoemaker, thence 3 rods to a
comer, thence 14 rods and 14 links to a comer, thence
I rod and 2 links to a comer on said Hutchins' land,
thence is rods to a comer, the place of beginning, con-
tainine 30 perches of land, more or less.
(3) Beginning at a comer of land of Thos. Hutchins,
deceased, at north rail of the Lackawanna and Blooms-
burg Railroad, thence along land of the said Hutchins
and W. S. Shoemaker 17 rods and 23 links to a comer,
thence 4 rods to a corner, thence 11 rods and 3 links to
a comer, thence 14 rods and 10 links to land of Law-
rence Myers, being the Commissioners' line between
lou Nos. 35 and ^6, third division of Kingston town-
ship (18 feet in width along the northwest side to re-
main in Isaac C Shoemaker for a right of way only),
thence 6 rods to the north rail of the Lackawanna and
Bloomsburg R;#ilrond Company, and thence along the
said railroad 14 rods and 10 links and 4 rods to the
place of beginning, conuining 156 perches of land.
(4) Beginning on the east comer of the Lackawanna
and Bloomsburg Railroad Company's depot lot, at the
Dorth rail of said railroad, thence 6 rods to a corner,
thence ijy^ rods to a corner near a linden tree on land
of Lawrence Myers, thence 11 rods to the line of the
Lackawanna and Bloomsburg Railroad, and thence
down said railroad 7^ rods to the place of beginning,
containing 74 perches of land, more or less ; 18 feet on
the northwest side of the last mentioned lot being re-
served by Isaac C. Shoemaker for a right of way : and
reserving all the coal and other minerals ; and having
ereaed thereon a terra cotta manufactory.
3. Being the premises on Careytown road, city of
Wiikes-Barre, b^innine at a comer of Patrick Wall-
gar's lot, and running back at right angles with said
road X47 feet to a corner, thence on a line parallel with
said road 50 feet to a comer, thence on a straight line
parallel with the first 147 feet to a comer on said road,
thence up along said road 50 feet to the place of begin-
ning, containing one-quarter of an acre of land, more
or less : and having a two-story frame dwelling house
and outbuildings thereon.
3. Being the premises in the borough of West Pitts-
ton, beginning at a point on Philadelphia avenue at a
distance of 50 feet southeastwardly from Fifth street,
and extending southwestwardly at right angles to said
avenue the disunce of aoo feet to Atlantic street,
thence southeastwardly along said Atlantic street ^
feet, thence northeastcHy at right angles to Atlantic
street 200 feet to Philadelphia avenue aforesaid, and
thence northwesterly alon^ said avenue %o feet to the
place of beginning ; the said lot being No. 70, Phila-
delphia avenue ; reserving all the fossil or mineral
ooai, iron, or other ores.
Tbsms op, Salb — 10 per cent on day of sale, 15 per
cent on confirmation of sale, and the balance (75 per
cent) one year from sale, with interest from day of sale;
deferred payments to be secured by bond and mortgage
on the premises.
R. H. WEIR,
R. H. HUTCHINS,
McLEAN & JACKSON, Administrators.
Attomeys. 8-10
NOTICE IS HEREBY GIVEN THAT AN
application will be made under theAct of Assem-
bly, entitled "An Act to provide fur the incorporation
and regulation of certain corporations," approved 29th
April, 1874, and the supplements thereto, lor the incor-
poration of an intended corporation, to be called " The
I Consumers Coal Company, ' the character and objects
of which are the mining, preparing, shipping, selling,
purchasing, and otherwise dealing in anthracite coad,
and also the leasing, purchasing, and holding, and
demising real and personal esute connected therewith.
E. P. & J. V. DARLING.
8-10 Solicitors.
NOTICE IS HEREBY GIVEN THAT AN
a|>plication will be made under an Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporation," approved the
39th April, 1874, and the supplements thereto, for the
incorporation of^ an intendeo corporation, to be called
" The Dixon Pulp and Paper Company," the charac-
ter and objects of which arc the manufacturing and
preparing paper from wood pulp by chemical process.
as well purchasing and selling the same, and also the
leasing, purchasing, holding, and demising real and
personsd estate connected therewith.
ISAAC P. HAND,
9-11 Solicitor.
NOTICK IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved April 39, 1874,
and the supplements thereto, on Monday, March 36,
1 883. at 10 o'clock A.M., for the charter of an intended
corporation, to be called "The Pittston Cornet Band,"
the character and objects of which are the practice and
promotion of music.
F. C. MOSIER.
10-13 Solicitor.
IN THE ORPHANS' COURT OF LUZERNE
county. In Re Elstate of Andrew Montanye,
deceased. Now, March sth, 1883, rule is granted to
show cause why Geo. B. Rulp, Trastee, should not be
discharged. Retumable the 31st dav of March, 1883,
at 10 o'clock A. M. 10-12 Bt the Court.
IN THE ORPHANS' COURT OF LUZERNE
county. Rule for discharge of Executor. Now,
March 8, 1883, on filing within petition and affidavit,
and on motion of C. B. Gardner, attorney for petitioner,
a mle is granted to show cause why E. C. Silvius,
Executor, etc., shall not l>e discharged as prayed for.
Ten days' notice to be given to all interested parties
living in Luzeme county, and .said notice to be also
inserted in the Luzeme Legal Register and Union-
Leader for three weeks before making said application.
Retumable March 31, 1883. xo-13 Bv thk Court.
JOHN F. EVERHART,
a student at law in the office of G. S. Ferris, will
apply at March term, 1883, for admission to practice
as an attorney in the several courts of the county of
Luzeme. 8-10
CHARLES A. REED,
a member of the Supreme Court of New Jersey,
will apply for admission on March 26, 1863, to practice
as an attorney in the several courts of the county of
Luzeme. lo-ia
LUZERNE COUNTY ss:
In Re Assignment of J, A. Wood for the benefit
of creditors. Notice is hereby given that Charles A.
Jones, A.ssi^ee, has exhibited and filed a final account
as such Assignee, which account will be confirmed and
allowed on the 31st day of March, 1883, unless cause io
shown to the contrary.
JAMES M. NORRIS,
i6-x3 Prothonoiary.
53
Digitized by VjjOOQIC
ESTATK OF THOMAS W. JONES, LAtE OF
Hanover township, deceased.
Lcttefs of adminbtmtion upon the above named
Estate having been granted to the undersigned, all per-
sons haying claims against the same Mrill present them
tor payment, and those indebted thereto will please
make immediate payment to
REF^E J. JONES,
JANE JONES,
G. H. R. PLUMB, Administrators.
Attorney. 10-15
ESTATE OF ELIZABETH CONNELL, LATE
of PittKton, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
F. C. MOSIER,
Attorney
J. A. COLLIER,
JO
JOHN H. MULLIN.
Executors.
5-10
ESTATE OF TAMES DOLAN,
township of P
, LATE OF THE
township of Plains, deceased.
Letters testamcatary upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tncm
for payment, and those indebted thereto will please
make immediate payment to
PHILIP McANIFF.
M. CANNON, E.xecutor.
Attorney. 10-15
ESTATE OF EDGAR GREEN, LATE OF THE
township of Franklin, deceased.
Letters testamentary upon the above named
estate having been granted to the undersigned, all pet-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ISAAC SUITON,
PA LMER, DEWITT & FULLER. Executor.
^0-15 Attorney.
ESTATE OF ANN MIDDLETON. LATE OF
Plains township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
imniciliate payment to .
STEPHEN HEALEY,
RICHARD BURKE,
COONS & SHORTZ, Executors. .
Attorneys. 9-14
ESTATE OF REV. CHAS. A. MATTINGLY,
laic of Nantiookc, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
REV. THOMAS J. RAY,
REV. TIMOTHY J. DONOHUE,
Executors.
•6-1 1
ESTATE OF JULIA McNULTY, LATE OF
Wilkes-Barre township, deceased. |
Letters uf administration upon the above named |
«state having been granted to the undersigned, all per-;
sons having claims against the same will present them
tor payment, and those indebted thereto will please j
make immediate payment to
ALICE McNULTY,
E. P. & J. V. DARLING, Administratrix.
Attorneys. 8-13
54
ESI ATE OF WILLIAM MINNICH. LATt. OF
Sugarloat township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present ihem for
payment, and those indebied thereto will please niak«
immediate payment to
ANN ELIZA MINNICH.
10-15 Executrix.
ESTATE OF JOHN BARNEY, LATE OF THE
borough of Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
CATHARINE BARNEY.
6-u * Administratrix.
ESTATE OF JOSEPH SCHAPPERT, LATE
of Nanticoke, deceased.
Letters testamentary upon the above named estate
having been granted to the unacrsigned, all persons
having claims against the same will present them for
payment, and tho.se indebted thereto will please make
immediate payment to
MARY ANN SCHAPPERT,
JACOB SCHAPPERT,
8-13 Executors. .
ESTATE OF MICHAEL STEIN, LATE OK
Dorrance township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
GEO. H. HINKLEMAN,
7-12 Executor.
ESTATE OF ELIZA BOWERS, LATE OF
Wyoming, Kingston township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto wilt please make
immediate payment to
WILLIAM HANCOCK,
8-14 Executor.
ESTATE OF JOHN MANGAN, LATE OF
Pitision township, deceased.
Letters of administration upon the above nara^
estate having been granted to the undersigned, all per-
sons having claims ag.'iinst the same will present them
for payment, and those indebted thereto will please
make immediate payment to
THOMAS MANGAN,
F. C. MOSIER, Administrator.
Attorney. 9-14
ESTATE OF W. S. HILLARD. LATE OF THE
city of Wilkes-Barre, dccea.sed.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RUTH B. HILLARD,
E. G. BUTLER, Executrix.
Attorney. 8-13
ESTATE OF JOHN ORR, LATE OF FOSTER
township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ELIZABETH A. POLLOCK,
9-14 Executrix.
Digitized by VjjOOQIC
ESTATE OF ANTHONY MEYERS, LATE OF public road, thence along said public road 51 a-to
Hazleton, deceased.
Letten of administration upon the above named
estate haYii^ been granted to the undersigned, all
penoas hariag claims against the same viH present
diem for paymeat, and those indebted thereto will
pkase laakc immediate payment to
H. W. MEYERS,
A. R. BRUNDAGE, Administrator.
Auomey. 5-10
ESTATE OF JOHN GILLESPIE, LATE OF
Hazic township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
perchcs to a stone comer, the place of beginning, con-
taining 10 acres of land, more or less ; sul improved,
with a two-story frame dwelling, a bam, and other
outhouses, and blacksmith shop and fruit trees thereon.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luxemc county to distrib-
ute the fund arising irom the Sheriff's sale of the per-
sonal property of LeGrand & Boyer, will attend to the
duties of his appointment, at the office of Alexander
Famham. Esq., on Franklin street, in the city of
Wilkes-Barre, on Wednesday, the 14th day of March,
. . -, . - . , ••• " ' c 1883, at 10 o'clock A. M., at which time and place all
banng claims against the same will present incmjpcrsons having claims against said fund are notified to
far payment, and those indebted thereto will please
mke inmediate payment to
OWEN GILLESPIE,
JOHN D. HAYES. Admihistrator.
Attorney. 5-10
ESTATE OF MARTHA FAIRCHILD, LATE
of Nanticoke, deceased.
LetteRk of administration upon the above named
estate having been granted to the undersigned, ali per-
soas having claims against the same will present them
for paynent, and those indebted thereto will please
■ake immediate payment to
SAMUEL LINE,
BENNETT & NICHOLS, Administrator.
Attorney. * 5-10
ESTATE OF^OHN M. STACKHOUSE, LATE
of Shickshinny, deceased,
littters of administration upon the above named
estate having been granted to the undersigned, all
penoos having claims against the same will present
dicB for payment, and those indebted thereto will
plase make immediate payment to
JAMES POST,
I. P. HAND, Administrator.
Attorney. 9-15
ESTATE OF JOSEPH STACKHOUSE, LATE
of Shickshinny, dece.ised.
Letten testamentary upon the above named estate
havii^been granted to the undersigned, all persons
haviag dainn against the same will present them for
payvcat, and those indebted thereto will please make
tuediate payment to
JOHN W. CHAPIN,
L P. HAND, Executor.
Attorney. 9-14
ESTATE OF JASPER B. STARK, LATE OF
Wilkes-Barrc , deceased .
Letters of administration upon the above named
tatatK having been granted to the undersigned, all per-
aoas having claims against the .same will present them
fer payment, and those indebted thereto will please
■ake immediate payment to
FRANCIS R. STARK,
E. P. & J V. DARLING, Administratrix.
Attorneys. 9-14
present the same, or be forever debarred from coming
in on said fund.
R. D. EVANS,
7-10 Auditor.
AUDITOR'S NOTICE.
Estate of Elias Hoyt, dec'd. The undersigned,
an Auditor, appointed to report upon the exceptions to
the account of Executor, will attend to the duties of
his appointment, at his office, in the city of Wilkes-
Barre, on Saturday, March 24tn, i88i. at 10 A. M.
G. R. BEDFORD.
8- 1 1 Auditor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 476, October term, 1882. Libel in divorte a vin-
culo matrimonii. Lihbie Jane Spencer, by her next
friend, Ferdinand Ferrell, v. Orrin R. Spcntcr. To
Orrin R. Sucnccr — Please take notice that the court
ha.s granted a rule on you to show cause why a divorce
a vinculo matrimonii ^hall not be made and entered in
favor of the libellant, service of the subpoena having
failed on account of your absence. Returnable on
Monday, March 19, 1883, at 10 o'clock A, M.
T. R. MARTIN, •
lo-ii Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 52, November term, 1882. Libel in divorce a vin-
culo matrimonii. Mary J. Mor:5.in, by her next friend,
David Maxcy, V. Dnvid C. M't ;.in. To David C.
Morgan — Please take soiicc tJi.it «' < t , t has granted
a rule on you to sh< >. . ' w ,.\ .1 .'TCc a vinculo
matrimonii shall not he 1 nr uml c.a.rod in favor of
the libellant, service of the subpt>cna having failed on
account of your absence. Returnable on Monday,
March 26, 1883, at 10 o'clock A. M.
GEO. H. TROUTMAN,
lo-u Solicitor.
LUZERNECOUNTV, ss:
In the Court of L^mmon Pleas of said county.
SHERIFFS SALES.
Abstract of property to be sold by Wm. O'Malley,
No. 597, October term, 1882. Libel in divorce a vin-
culo matrimonii. Hi'n-iah rJarker. by her next friend,
William Kitching, v. Francis I5arkcr. To Francis
Barker — Please tiikc notice that the court has granted
a rule on you to show cause why a divorce a vinculo
m.ttrimonii shall not he nia<lc ana cntored in favor of
^^^ , , '■^'^ libellant, service of the subpoena having failed on
Sheriff of Luzenie county, on Saturtiay, March lot^^j^it-'^'ount of jvour ah>cncc. Returnable on Monday,
A. D. 1883, at 10 o'clock A. M.. at the Arbitration | March 26, 1883, at 10 o'clock A. M.
rao«, in the Court House, Wilkes-Barre, who willj E. A. LYNCH,
proceed with the different properties in the order in 10-11 ^ Solicitor.
which they are number, to wit :
10 ,r UZERNE COUNTY, ss:
Saitof Elzra Stair v. Abraham Aradd and Elizabeth J_i To all whom it may concern: Take notice that
Arnold. jH. J. Seely and Peter Mcixcl, Tru.siet'. of the real
tM February term, 1883. Debt, $306.25. ^'^- fa. icstatc conveyed by Christian Billhamer and wife to
14 Mardi term, 1883. Cannon, Att'y. j the German Presbyterian and Lutheran Churches of
Also three other suits of same amount. iSalcm, have applied to the Court of Common Plcis of
All that lot of land in Slocum township, beginning] Luzerne county for an order to sell said property, and
at a itooc planted for a comer in the middle of a public that all persons interested may be heard before said
nM), thence along the Christian Leudcr estate and court on Monday, March 12, 1883, at 10 o'clock A. M.
■Mnle of said mimic road 39 a-xo perches to a stone' By order of the court.
corner of land of Josiah Jones, thence along land of the I Q. A. GATES,
one 36 8-10 perches to a post, thence to a post in the 8-10 Attorney.
55
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, March i6, 1883. No.
©q)l)ans' Court of Cujenu dountj).
MoTT*s Estate.
I. After a testamentary trust has been completed, the Orphans' Court may compel a trustee to
coDTey the estate to the beneficiaries.
3. It matters not what may be the nominal duration of an estate given by will to a trustee, it con-
tinues no longer than the thing sought to be secured by the trust demands.
Petition for removal of executor.
The opinion of the court was delivered September 4, 1882, by
Rhone, P. J. — These petitioners ask the court to remove the
surviving executor on two grounds: i. Because he is wasting
and mismanaging the estate. 2. Because the duties of his trust
have terminated.
The allegation of waste and mismanagement has not been sus-
tained by any evidence. The executor by his answer has fully
and entirely exhibited his course as executor to have been a wise
one, and also profitable to the estate, so that the first ground of
complaint has entirely failed, and if this were all we would dis-
miss the petition, with costs.
Should the executor be removed on the second ground stated?
This part of the case has not been fully developed, and we send
the matter to an examiner to take testimony. We make the fol-
lowing suggestions and inquiries without any other object or
purpose than to direct the investigation before the examiner.
Has not the testator expressed his intention to be to provide:
first, for the payment of his debts; second, for the support of his
wife and sister; third, for the support of his minor children; and,
fourth, for a distribution, when his youngest child should come
of age, of all his estate, except so much as might be necessary to
complete his former purposes?
Digitized by VjjOOQIC
yo MoTT*s Estate.
The sister is dead, the children are all of age, and the widow
expresses her desire to release the executor; so, when the debts
are all paid, what will remain for the executor to do to complete
the testator's purposes? What are the debts, and has their lien
been continued? What effort has the executor made to effect a
sale of the property, so as to be able to make distribution? Is
there any personal estate?
Power to act at discretion need not be expressly given, if it
can be implied from the nature of the trust. Pickering v. Shot-
well, lO Barr, 23.
Discretionary power of sale does not vest the title in the
executors. Bleight v. M. & M. Bank, 10 Barr, 131; Chew v.
Micklin, 9 Wright, 84; Peterson's Appeal, 7 Norris, 397.
The Orphans' Court has full power and authority to control
executors in the exercise of the powers given them by will for
the sale or management of real estate. The court may order the
executors to make the sale, etc. Dundas* Appeal, 14 Smith. 325 ;
Twaddell's Appeal, 32 Smith, 22 1 ; Daily's Appeal, 6 Norris, 487 ;
Williams' Appeal, 23 Smith, 249; Hutchinson's Appeal, i Norris,
509; Bruner v. Naglee, 7 Phila. R. 384.
Since the act of May i, 1861 (P. L. 680), the Orphans' Court
may remove an executor or administrator ** where for any cause
the interests of the estate or property are likely to be jeodard-
ized" by his continuance." Kellberg's Appeal, 5 Norris, 129;
Parsons' Estate, i Norris, 465.
After the trust has been completed, the Orphans* Court may
compel a trustee to convey the estate to the beneficiaries. Apple's
Estate, 3 Phila. R. 23.
It matters not what may be the nominal duration of an estate
given by will to a trustee, it continues no longer than the thing
sought to be secured by the trust demands. Koenig's Appeal, 7
Smith, 352; Kay v. Scates, i Wright, 31; Dodson v. Ball, 10
Smith, 492, and cases there cited.
We have, perhaps, said more than was our duty to say at this
stage of the case, but we have done so to indicate to the parties
that while we refuse to grant the prayer of the petitioners now,
we do not shut the door against a disposition of the case on its
merits when all the material facts are ascertained.
We, therefore, refer the case on the second ground of complaint
to the standing examiner to investigate the facts and make report
thereon, and dismiss the petition as to the first ground.
Messrs. E. P. & J. V. Darling, for trustee.
A. Ricketts, Esq., contra.
Digitized by VjjOOQIC
Mott's Estate. jt
©rpljans' dourt of Cujeriu Countg.
MoTT*s Estate.
I. The duties and powers of an auditor appointed to investigate the facts, and make report thereon,
are co-extensive with those oi an examiner and master combined.
3. The duties of an auditor in the taking of testimony are as much separated from his duty to report
thereon as those of an examiner are from his duties as master in equity. So far as the taking of
testimony b concerned, his duties are mere like those of a " commissioner to take depositions,"
but are not nearly so limited, being specially appointed to investigate all the facts of the case,
to develop the true points, and bring before the court only the real matters at issue. In his
report, which follows the taking of the testimony, he is to decide upon the admissibility, rele-
vancy, and weight of the testimony, and the competency of the witnesses.
3. If there be sufficient competent evidence to support his report, it will not be set aside because
incompetent testimony has bern admitted by him, unless it is shown that he was led into some
specific error by that which is incompetent.
4. The parties have no right to appeal to the court on the rulings of the auditor or examiner during
the taking of the testimony, as this would be to pass upon the case piece meal.
5. Phillips' Appeal (18 Smith, 150) commented on.
The opinion of the court was delivered February 24, 1883, by
Rhone, P.J. — This proceeding^ was commenced to remove the
executor on two grounds: i. For waste. 2. Because his duties
as executor and trustee are terminated by operation of law.
The case was heard on bill, answer, and demurrer, and the
court, by opinion filed, refused to remove the executor on the
allegation of committing waste, but concerning the other question
referred the matter to what we call in our rules of court a stand-
ing examiner, ** to investigate the facts and make report thereon
to the court." The examiner has proceeded with the taking of
testimony until the question has arisen whether he has power to
reject testimony submitted to him on the ground of irrelevancy,
or incompetency of the witness, and he has propounded this
question to the court.
The term "auditor" is the one most usually adopted by this
court, instead of the "examiner and master" of the equity courts.
Under this title, the duties and powers of an auditor appointed
to investigate the facts, and make report thereon, are co extensive
with those of an examiner and master combined. The most
complete exposition of the purposes for which an auditor may be
appointed, and the effect of his report, when acting as a master,
may be found set forth by Justice Agnew in Phillips* Appeal (18
Sm. 130).
Digitized by VjjOOQIC
72 Mott's Estate.
The auditors expressly authorized by acts of Assembly to be
appointed to distribute a fund in court may have more extensive
judicial powers than the one appointed at the instance of the
<:ourt to aid in the development of the facts and the law on which
a general decree is to be based. In either case, however, he is
but an auxiliary of the court, and his power to decide on the
admissibility or relevancy of testimony must be very limited, else
the suitor might have his case strangled in the dark. The duties
of an auditor in the taking of testimony areas much separated from
his duty to report thereon as those of an examiner are from his
duties as master in equity. So far as the taking of testimony is
concerned, his duties are more like those of a "commissioner to
take depositions," but are not nearly so limited, being specially
appointed to investigate all the facts of the case, to develop the
true points, and bring before the court only the real matters at
issue. In his report, which follows the taking of the testimony,
he is to decide upon the admissibility, relevancy, and weight of
the testimony, and the competency of the witnesses
If there be sufficient competent evidence to support his report,
it will not be set aside because incompetent testimony has been
admitted by him, unless it is shown that he was led into some
specific error by that which is incompetent. Sawtell's Appeal,
3 Norris, 309; Breneman's Estate, 15 Smith, 299; Kennedy's
Appeal, 4 Barr, 152.
Of course, there comes a time in the taking of testimony when
he must decide what testimony he will reject or refuse to take,
in which case the party offering the testimony, or the witness,
should state in writing his offer and its purpose; the opposing
counsel, or party, should state his objections, and the auditor
should state the ground on which he concludes to reject the offer.
The parties are left to their right of exception before the court
after the report is filed, when the fullest opportunity is given to
bring out the merits of the case.
The parties have no right to appeal to the court on the rulings
of the auditor or examiner during the taking of the testimony,
as this would be to pass upon the case piece meal. Howell's
Estate, 38 Leg. Int. 478; Collins' Estate, 2 W. N. C. 430.
If it be argued that the taking of testimony in this manner may
be ruinously expensive, we answer that the court has discretion-
ary power over the costs.
On the whole, we say, then, let this case proceed under the
control of the auditor, or, as we have called him, standing exam-
iner. As there is no charge of dishonesty laid against him, the
soundness of his judgment can be inquired into when the whole
case is before us, without prejudice to the rights of either party.
Digitized by
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ESTATE OF THOMAS W. JONES, LATE OFl
Hanover township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will pre&ent them
for payment, and those indebted thereto will please
make immediate payment to
REESE J. JONES,
JANE JONES,
G. H. R. PLUMB, Administrators.
Aiiomcy. 10-15
ESTATE OF JASPER B. STARK, LATE OF
Wilkcs-Barre, drceabcd.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims agamst the same will present them
for payment^ and those indebted thereto will please
make immediate payment to
FRANCIS R. STARK,
E. P. &J V. DARLING, Administratrix.
Attorneys. 9-14
TESTATE OF JAMES DOLAN, LATE OF THE
township ol Plains, deceased.
ESTATE OF WfLLlAM MINNICH, LATJi OF
Sugarloat township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons-
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ANN ELIZA MINNICH,
10-15 Executrix.
Letters testamentary upon the above named immediate payment to
estate having been granted to the undersigned, all per-
sons having claims against the same will pre-sent them
tor payment, and those indebted thereto will please
make immediate payment to
PHILIP McANIFF,
M. CANNON, Executor.
Attorney. 10-15
ESTATE OF JOHN BARNEY, LATE OF THE
borough of Nanticoke, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per'
sons having claims :igainst the same will present them
for payment, and those indebted thereto will plcase-
make immediate payment to
CATHARINE BARNEY,
6-11 Administratrix.
ESTATE OF JOSEPH SCHAPPERT, LATE
of Nanticoke, deceased.
Letters testamentary* upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
MARY ANN SCHAPPERT,
JACOB SCHAPPERT
Executors.
ESTATE OF EDGAR GREEN, LATE OF THE
township of Franklin, deceased.
Letters tesumentary upon the above named
estate having been granted to the undersigned, all pei-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
ISAAC SUTTON,
PALMER, DEWITT & FULLER, Executor
10-15 Attorney.
8-13
ESTATE OF MICHAEL STEIN, LATE OF
Dorrance township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persodk
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
GEO. H. HINKLEMAN,
7-12 Executor.
ESTATE OF ELIZA BOWERS, LATE OF
Wyoming, Kingston township, deceased.
Letters testamentary aoon the above named estate
[having been granted to the undersigned, all persons-
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
WILLIAM HANCOCK,
8-14 Executor.
ESTATE OF JOHN MANGAN, LATE OF
Pittston township, deeeaaed;
Letters of administration upon the abov« named
estate having been granted to tne tmdersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will pleas*
make immediate payment to
THOMAS MANGAN,
F. C. MOSIER, Administrator.
Attorney. 9-1^
ESTATE OF W. S. HILLARD, LATE OF THE
city of Wilkes- Barre, deceased.
Letters testamenury upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RUTH B. HILLARD,
E. G. BUTLER, Executrix.
Attorney. 8-13
ESTATE OF JOHN ORR, LATE OF FOSTER
township, deceased.
estate having been granted to the undersigned, all per- Letters testamentary upon the above named esute
sons having cbims against the same will present them having been granted to the undersigned, all persons
lor payment, and those indebted thereto will please having claims against the same will present them for
make imme<liate payment to payment, and those indebted thereto will please make
ALICE McNULTY, immediate payment to
K. P. & J. V. DARLING, Administratrhc. \ ELIZABETH A. POLLOCK,
Attorneys. 8-13 9-14 Executrix.
57
ESTATE OF ANN MIDDLETON. LATE OF
Plains township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to
STEPHEN HEALEY,
RICHARD BURKE,
COONS & SHORIZ, Executois.
Attorneys, 9-14
ESTATE OF REV. CHAS. A. MATTINGLY,
late of Nanticoke, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all person»
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
fCkv. THOMAS J. RAY,
REV. TIMOTHY J. DONOHUE,
i-u Executors.
ESTATE OF JULIA McNULTV, LATE OF
Wilkes-Barre township, deceased.
Digitized by VjjOOQIC
ESTATE of;ohn m. stackhouse, late
of Shickshinny, deceased.
J>etters of administration upon the above named
«statc having been granted to the undersigned, all
persons having claims against the same will present
-th^m for payment, and those indebted thereto will
please make immediate payment to
JAMES POST,
I. P. HAND, Administrator.
Attorney. 9-15
ESTATE OF JOSEPH STACKHOUSE, LATE
of Shickshinny, deceased.
Letters tcstamenur>' upon the above named esutc
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOHN W. CHAPIN,
1. P. HAND, Executor.
Attorney. 9-14
ESTATE OF MARY E. MACCARTNEY, LATE
of Salem township, deceased
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same wiU present
them for payment, and those indebted thereto will
please make immediate payment to
C. B. JACKSON,
Administrator c. t. a. d. b. n.
xi-i6
ESTATE OF JOHN HENRY, LATE OF THE
township ofNescopeck, deceased.
Letters of administration upon the above named
esute having been granted to tne undersigned, all per-
«ons having claims against the same will present tncm
for payment, and those indebted thereto will pleast
make immediate payment to
C. B. JACKSON,
»«-t6 Administrator.
LATE OF
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Louis Dunie, and that said license will be asked for in
the court aforesaid, on Monday, the i6th day of April,
1883, at 10 o'clock A. M.
S. J. STRAUSS,
ii-xa Solicitor.
NOTICK IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
ol the Court of Commoq Picas of Luzerne county,
under the provisions ol the Act of Assembly, entitled
"An Act to provide for the incorporation and regula*
tion of certain corporations," approved April »^, 1874,
and the supplements thereto, on Monday. April i6th,
1883, at 10 o clock A.M., for the charter ot an intended
corporation, to be called "The Welsh Presbyterian
Church," of Ashley, the character and objects ot which
are to purchase lands and erect buildings for the sup-
port of^ public worship.
W. H. HINES,
11-13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under thcActof Assem-
bly, entitled "An Act for the incorporation and rcKula-
tion of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
ration of an intended bankinc corporation, to be called
the " Naniicoke Bank," and to be located In the bor-
ouch of Nanticoke, Luzerne county. Pa., the character
and objects of which are the carrying on the general
business of banking as a bank of deposit and di:fcount.
W. H. HINES.
11-13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Picas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Act to
provide for the incorporation and regulation of certain
ESTATE OF ANN WILLIAMS
Plymouth, deceased. . , .
Letters testamentary upon the above named cstatt'^^T^rations," approved .Ap'tl 29th, 1874. and the sup-
having been granted to the undersigned, all person.s ' plcnents thereto, on Monday, April i6ih, 1883, for the
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RICHARD J WILLIAMS,
"-16 Executor.
ESTATE OF DANIEL JONES, LATE OF THE
borough of West Pittston, deceased.
Letters ol administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for pavment.and those indebted thereto will please
make immediate payment to
GEO. S. FERRIS,
Attorney.
JACOB KERN,
JOHN W. NIMMO,
Adm'rs c. t. a. d. b. n.
11-16
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by M. Silverman,
and that said license will be asked for in the court
aforesaid, on Monday, April 16, 1883, at 10 A. M.
JOHN T. LENAHAN,
««-" Solicitor.
incorporation of an intended corporation, to be called
"The Saint Kazimierza Society," of Plymouh, Pa.,
the character and objects of which arc benevolence
and charity.
H. C. MAGEE.
11.13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under an Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporation," approved the
29th April, 1874, and the supplements thereto, for the
incorporation of^ an intended corporation, to be called
" The Dixon Pulp and Paper Company." the charac-
ter and objects of which arc the manufacturing and
preparing paper from wood pulp by chemical process,
as well purchasing and selling the same, and also the
leasing, purchasing, holding, and demising real and
personal estate connected therewith.
ISAAC P. HAND,
9- II Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county, ud-
der the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
NOTICE IS HEREBY GIVEN THAT AN tion of ceruin corporation." approved April 29, T87A.
app'jcatlon for a license to peddle on foot has and the supplements thereto, on Monday, March ao,
beeti filed in the office of the Clerk of the Court of i883,at 10 o'clock A M.,for the charter of an intendea
Quarter Sessions of Luzerne county by L. J. Thomas, corporation, to be called "The Pituton Comet Bank,"
and that said license will be asked for in the court the character and objecu of which arc the practice and
aforesaid, on Monday, April 16. 1883, at 10 A. M. I promotion of music.
WM. L. McLEAN, F. C. MOSIER,
*'-«« Solicitor. 1 10-12 Solicitor.
58
Digitized by VjjOOQIC
ORPHANS* COURT SALfc.
Estate of Ann Middlcton, deceased. By virtue
of an order of the Orphans* Court of Luzerne county,
the undersipied will sell at public auction, at the Arbi-
tration room, in the Court House, at Wilkes-Barre, on
Saturday, the 31st of March, 1883, at lo o'clock A. M.,
the following piece of land in the township of Plains,
beginning on the back road at a comer of land of Mrs. I
Ann Courtright, thence along said land 218 feet to a'
comer of land of John Mitchell, thence 50 feet to a
comer, thence 218 feet to the back road aforesaid,
theace along same 50 feet to the place of beginning:
excepting and reserving the coal and other minerals ;
improved, with a two-siory frame house, 16x26 feet,
and outbuildings thereon.
Terms of Sale— $300 down on day of sale, and the
balance on confirmation of sale.
THOS. H. ATHERTON,
11-13 Trustee.
IN THE ORPHANS' COURT OF LUZERNE
county. In Re Estate of S. S. Coon, late of the
city of Wilkcs-Barre, deceased. Now, March 14th,
1883, rule is granted to show cause why Sylvester
Bristol , Administrator, should not be discharged. Re-
turnable the 31st day of March, 1883, at to A. M.
1X-13 By thh Court.
IN THE ORPHANS' COURT OF LUZERNE
county. In Re Estate of Andrew Montanye,
deceased. Now, March sih. 1883, rule is granted to
show cause why Geo. B. Kulp, Trustee, should not be
discharged. Returnable the 31st day of March, 1883,
at ID o'clock A. M. 10-12 6y the Court.
ORPHANS' COURT SALE.
Estate of Cornelius Dougherty, dec'd. By virtue
of an order of the Orphans* Court of Lureme county,
the undersigned will sell at public auction, at the Arbi-
tration room, in the Court House, at Wilkcs-Barre, on
Friday, the 3oih of March, 1883, at 10 o'clock A. M.,
the sur&ce of all that lot of land in the borough of
Ashley, beginning at a corner in line of Hazleton turn-
pike and in line of a public road, thence along said
public road about 72 feet to a corner in line of Nanti-
coke Railroad, thence 23 4-10 feet to a comer in line
of land of Ellen Carle, thence about 72 feet to a corner
in line of Hazleton turnpike aforesaid, and thence
along said Hazleton turnpike 30 feet or thereabouts to
place of beginning, containing 1,922 4-10 square feet;
reserving all coal and other minerals.
Terms of Salb — One-half of the purchase money to
be paid on day of sale, and one-half on confirmation
of sale.
ELLEN A. CARLE.
E. G. BUTLER. Administratrix
Attorney. 11-13
PARTITION NOTICE.
In Re Partition of the Real Estate of John
Blanchard, late of Ross township, Luzerne county,
Pennsylvaina, deceased. Now, March i3ih, 1883,
inquest is awarded as prayed for ; returnable first day
of next term, at 2 o'clock P. M. Service of notice on
non-residents of the Slate shall be published in the
Mountain Echo for three successive weeks, and a copy
of each mailed to the last known residence, and in the
Luz. Leg. Reg. for same time. By the Court.
To John Robbins. Helena, Montana Territory ; Asa
Robbms, New York City ; Clarence Robbins, Belle-
font, Pa., and Maria Savage, Buck Horn, Pa., and all
other parties interested — Von will please take notice
that m pursuance of the above order of the Orphans'
Court of said county, a writ ofpartition has been issued
from said court to the Sheriflf of * Luzerne county, re-
turnable on Monday, May 14, 1883, ^t 2 o'clock P.M.,
and that the inquest will meet for the purpose of mak-
ing partition on Tuesday, April 10, 1883, at 12 o'clock
M. of the same day, upon the premises, in the town-
ship of Ross, Luzerne county. Pa., at which time and
place you can be present, if you see proper.
WILLIAM O'MALLEY,
M. E. WALKER, Sheriff.
Attorney. 11-13
IN THE ORPHANS' COURT OF LUZERNE
county. Rule for discharge of Executor. Now,
March 8, 1883. on filing within petition and affidavit,
and on motion of C. B. Gardner, attorney for petitioner,
a rule is granted to show cause why E. C. Silvius,
Executor, etc., shall not be discharged as prayed for.
Ten days' notice to be given to all interested parties
living in Luzerae county, and said notice to oe also
inserted in the Luzeme Legal Register and Union-
Leader for three weeks before making said application.
Returnable March 31, 1883. io-x2 By the Court.
LUZERNE COUNTY, ss:
In the Court of Common Pieas of said county.
No. 476, October term, 1882. Libel in divorce a vin-
culo matrimonii. Libbie Jane Spencer, by her next
friend. Ferdinand Ferrell, v. Ornn R. Spencer. To
Orrin R. Spencer— Please take notice that the court
has grantee! a rule on you to show cau.se why a divorce
a vinculo matrimonii shall not be made and entered in
favor of the libellant. service of the subpoena having
failed on account of your absence. Returnable on
Monday. March 10, 1883, at 10 o'clock A.M.
T. R. MARTIN,
lo-xi Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 52, November term, 1882. Libel in divorce a vin-
culo matrimonii. Mary J. Morgan, by her next friend,
David Maxey, v. David C. Morgan. To David C.
Morgan— Please take notice that the court has granted
a rule on you to show cause why a divorce a vinculo
matrimonii shall not be made and entered in favor of
the libeilant, .service of the subpoena having failed on
account of your absence. Returnable on Monday,
March 26, 1083, at 10 o'clock A. M.
GEO. H. TROUTMAN,
10-11 Solicitor.
LUZERNE COUNTY, .ss :
In the Court of Common Pleas of said county.
No. 597. October term, 1882. Libel in divorce a vin-
culo matrimonii. Hannah Barker, by her next friend,
William Kitching, v. Francis Barker. To Francis
Barker— Plea.se take notice that the court has granted
a rule on you to show cause why a divorce a vinculo
matrimonii shall not be made ana entered in favor of
the libellant, service of the subpoena having failed on
account of your absence. Returnable on Monday,
March 26,'i883, at 10 o'clock A. M.
E. A. LYNCH,
10-11 Solicitor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 137, November term, 1882, Libel in divorce a vin-
culo matrimonii. Rosa A. Dieffenbacher, by her next
friend, Adam Lawn, v Daniel F. Dieffenbacher. To
Daniel F. Dieffenbacher— Please take notice that the
court has granted a rule on you to show cause why a
divorce a vinculo matrimonii shall not be made and
entered in favor of the libellant, service of the subpoena
having failed on account of your absence. Returnable
on Monday, March 26, 1883, at 10 o'clock A. M.
T. R. MARTIN.
11-12 Solicitor.
LUZERNE COUNTY ss :
In Re Assignment of J. A. Wood for the benefit
of creditors. Notice Is hereby given that Charles A.
Jones, Assignee, has exhibited and filed a final account
as such Assignee, which account will be confirmed and
allowed on the 31st day of March, 1883, unless cause i»
shown to the contrary.
JAMES M. NORRIS,
lo-ia * Prothonotary.
59
Digitized by VjjOOQIC
IN THE COURT OF COMMON PLEAS OF,
Luzerne county. In Re '^ctiiion of Magdalena
Brehm to be declared a feme sole trader under the Act'
of Assembly, approved May 4, 1855, Now, March 12, |
1883, on filing the within petition, the court being sat-i
isfied of the justice and propriety of the application,
direct notice thereof to be given in the Luzerne Legal
Register for four successive weeks, and fix Monday,}
the i6th day of April, 1883, as the time for granting'
the within prayer of petitioner, and of making decree |
as prayed for. By the Court, i
MICHAEL CANNON, j
11-14 Solicitor.
CHARLES A. REED, ^
a member of the Bar of the Supreme Court of
New Jersey, will apply for admission on March 26ih,
1883, to practice as an attorney m the several courts
of the county of Luzerne. 10-12
AUDITOR'S NOTICE.
Estate of Elias Hoyt, dec'd. The undersigned,'
an Auditor, appointed to report upon the exceptions to
the account of Executor, will attend to the duties of
his appointment, at his office, in the city of Wilkes-
Barre, on Saturday, March 24th, 1883. at 10 A. M.
G. R. BEDFORD.
8- 1 1 Auaitor. I
McLEAN A JACKSON,
Attorneys at Law,
Wilkes- Bark E, Pa.
CHAS. D. FOSTER,
Attorney at Law,
Wilkbs-Barhe, Pa.
W. S. PARSONS,
Alderman,
Makkkt Strkkt, Wilkes-Bakre, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Pubi,ic.
Wilkbs-Bakrb, Pa.
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, March 23, 1883. No. 12.
(!Drpl)an0* (JEourt of Cu^emt Cotmtg.
Hoyt's Estate.
I. No Orphans' Court will approve an investment in the stocks of any public or private corporation,
except those authorized by some act of Assembly ; and in this case the court refused to approve
an investment by guardian in the first mortgage bonds of a railroad company, located in the
Stat»of New York.
a. In approving an investment, the courts consider that absolute safety of the principal is of more
consequence than great expectations of interest.
3. Since the act of Assembly of May 8, 1876. extending the list of approved securities to " all bonds
or certificates of debt now or hereafter to be created, and issued according to law, by any of the
counties, cities, school districts, or municipal corporations of this Commonwealth," it would be
safe to say that no court should authorize an investment outside of those recommended by the
Legislature.
4. It is considered that no court should authorize an investment where its collection can only be
enforced by resort to the couru of another state or country.
Application for authority to invest trust funds.
The opinion of the court was dehvered February 24, 1883, by
Rhone, P. J. — In this proceeding we are asked by a guardian
to authorize an investment in the first mortgage bonds of a rail-
road company, a corporation of the State of New York, the road
being also located in that State. The securities are at a premium
of nine and one-quarter cents, and bear six per cent interest.
This court never approves an investment in the stocks of any
public or private corporation, except in cases to prevent an
extreme hardship on trustees, who have been induced, under
peculiar circumstances, to make such investment. Worrell's
Appeal. 9 Barr, 508; Prag*s Appeal, 10 Casey, 100; Ihmsen's
Appeal, 7 Wright, 431; Twaddle's Appeal, 5 Barr, 15; Nyce's
Estate, 5 W. & S. 254. The reasons for this rule of law are
many and obvious, and may be found so clearly set forth by the
Digitized by VjjOOQIC
74 HoYT^s Estate.
judges of the superior court in the cases cited that it would be
idle for us to attempt to add anything thereto or to take anything
therefrom.
Nor can we see any very material difference in principle be-
tween the mortgages of a railroad company and its stock. The
difference, if any, is only in degree of security, for both are based
almost entirely on commercial chances, for a railroad without
traffic is of small value. It seems certain that any securities of a
private corporation, at least such as a railroad company, must be
set down as of a speculative or chance character, and hence such
as no trustee should invest in.
Since the act of Assembly of May 8, 1876, extending the list
of approved securities to "all bonds or certificates of debt now
or hereafter to be created, and issued according to law, by any
of the counties, cities, school districts, or municipal corporations
of this Commonwealth," it would be safe to say that no court
should authorize an investment outside of those recommended
by the Legislative. Again, it is considered that no court should
authorize an investment where its collection can only be enforced
by resort to the courts of another state or country. Rush's
Estate, 2 Jones, 375 ; Pownell's Estate, T Lan. Bar, April 22, 1 871.
There is nothing about this corporation to recommend it above
any other which at present pays a dividend, and we cannot open
the door for any such class of investments, as there are no such
securities which cannot find persons who think them desirable.
Absolute security for the principal can be found only in the bonds
of the United States, or of States or other municip>al corpora-
tions, or in those based on real estate in the hands of the indi-
vidual owners thereof; and safety is of more consequence than
great expectations of interest. Trustees should never take any
•chances of losing the principal.
On the whole, we cannot authorize this investment, nor any
other like it, and the proceeding is dismissed at the costs of the
estate, so far as it relates to the investment in the railroad secur-
ities. We do, however, approve the investment in government
bonds at three per cent, as prayed for by the petitioner in the
alternative of our refusal to approve the other.
Messrs. Dickson & Atherton, for guardian. .
Digitized by VjjOOQIC
Giblin's Estate. 75
(B)rpl)ans* (Eourt of Cujfrne (lountg.
Giblin's Estate.
1. The real estate of an intestate descends to his heirs at the instant of his death, and remains there
until s*ld by order of the court ; and whether the estate be solvent or insolvent, the heirs have
the same right to draw the rents that he would have had if living.
2. The heirs may authorize the administrator to collect the rents and apply them on the debts of the
decedent, yet such payment will not enure to the benefit of any creditor not paid, unless it be
deariy proven that the payment was to be a pure gift to all the creditors, or that those who are
not so paid had suflTerecT some loss by the arrangement.
3. No administrator is liable for any asseu, except those within the Commonwealth at the time of
the decedent's death, unless he has actually received them from some other state or country.
Exceptions to account of administrator.
The opinion of the court was delivered February 24, 1883, by
Rhone, P. J. — ^The exceptant is Farnham, assignee of Briggs
it al,, and he claims to be a creditor entitled to a portion of the
fund. His claim is based on a judgment entered on the verdict
of a jury in the Common Pleas of this county, to No. 492, April
term, 1873. wherein Leonard, this administrator, was sole defend-
ant. The heirs of the decedent are now contesting Farnham's
judgment on original grounds, which they have a right to do,
provided his claim reaches the real estate fund. Murphy's
Appeal, 8 W. & S. 165 ; Atherton v. Atherton, 2 Barr, 112; Steele
V. Lineberger, 9 Smith, 308.
It will be seen that the fund now in court for distribution con-
sists of both real and personal assets in nearly equal proportions,
and that both funds are insolvent.
This being the case, Farnham is a creditor as to the personal
estate, as a judgment in the Common Pleas is conclusive on us
in the distribution of such fund. See authorities cited.
It will be seen, too, by reference to the distribution herewith
made and filed, that Farnham has no lien on the real estate fund,
the same being taken up by preferred liens of record, and this
being the case, we need not decide whether the judgment is well
founded or not.
The first exception is not sustained, as the real estate of an
intestate descends to his heirs at the instant of his death, and
Digitized by VjjOOQIC
76 Gibun's Estate.
remains there until sold by order of the court; and whether the
estate be solvent or insolvent, the heirs have the same right to
draw the rents that he would have had if living. Haslage v,
Krugh, I Casey, 97. Admitting that the heirs may authorize the
administrator to collect the rents and apply them on the debts,
yet such payment will not enure to the benefit of any creditor not
paid, unless it be clearly proven that the payment was to be a
pure gift to all the creditors, or that those who are not so paid
had suffered some loss by the arrangement. There is no such
proof in this case. On the contrary, the arrangement seems
simply to have been an attempt to pay off the debts and save the
real estate to the heirs; and as this has been a failure, they have
a right to subrogation. Williamson's Appeal, 13 Norris, 231^
and cases there cited.
The second exception is not sustained, as no administrator is
liable for any assets, except those within the Commonwealth at
the time of the decedent's death, unless he has actually received
them from some other state or country. Mothland 7^ Wiseman,
3 P. & W. 185; Freeman's Appeal. 18 Smith, 151.
The exceptions numbered 4, 5, 7, and 8 are now dismissed, as
they were virtually disposed of on the decree confirming the
auditor's report distributing the purchase money.
Exceptions six and nine arc disposed of with the third, and
raise the questions: 1st. What claims should be allowed the
adniinistrator as credits? 2d. Which should be allowed as pre-
ferred claims on each fund?
While the costs, counsel fees, and expenses seem enormous,
yet we must conclude, from the result of the various contests in
the Common Pleas, that there has been a very determined
attempt by some New York parties to plunder this estate, and
that the administrator has succeeded in defeating all of them.
The amount saved to the estate far exceeds the sum of all the
costs and expenses involved therein. All this class of claims is
allowed as charged. We cannot allow any more counsel fees,
but refuse to disallow those already paid. If counsel are entitled
to any more fees, they must look to the administrator personally.
We think that, under all the circumstances, the estate has been
managed with skill and prudence, and with a singleness of pur-
pose to benefit the estate, and so we allow the charges for services
as made.
As we state the amount and character of the preferred claims ia
the distribution which follows, it is unnecessary to state them here.
All the exceptions are dismissed at the costs of the estate, and
the claim of Farnham is allowed as proved on the judgment cer-
tified from the Common Pleas, with interest and costs.
Digitized by VjjOOQIC
IN THE COURT OF COMMON PLEAS OF
Luzeme county. In Re Petition of Magdalcna
Brehm to be declared a feme sole trader under the Act
of Assembly, approved May 4,1855. Now, March la,
1S83, on filing the within petition, the court being sat-
isfied of the justice and propriety of the application.,
direct notice thereof to be given in the Luzeme Legal',
Register for four successive weeks, and fix Monday,
the i6th day of April, 1883, as the time for granting
the within prayer of petitioner, and of making decree
as prayed lor. By the Court.
MICHAEL CANNON.
11-14 Solicitor.
CHARLES A RLED,
a member of the Bar of the Supreme Court of
New Jersey, will apply for admission on March 26th,
1887, to practice as an attorney in the several courts
of the county of Lur.emc. 10-12
ORPHANS' COURT SALE.
Estate of Ann Middleton, deceased. By virtue
of an order of the Orphans' Court of Luzeme county,
the undersigned will sell at public auction, at the Arbi-
tration room, in the Court House, at Wilkes-Banre, on
Saturday, the 31st of March, 1883, at 'o o'clock A. M.,
the following piece of land in the township of Plains,
beginning on the back road at a comer of land of Mrs.
Ann Courtright, thence along said land ai8 feet to a
corner of land of John Mitchell, thence 50 feet to a
comer, thence 218 feet to the back road aforesaid,
thence along same 50 feet to the place of beginning ;
rxcepting and reser\ing the coal and other minerals ;
improved, with a iwo-siory frame house, 16x26 feet,
and outbuildings thereon.
Terms op Sale— $300 down on day of sale, and the
balance on confirmation of sale.
THOS. H. ATHERTON,
11-13 Trustee.
ORPHANS' COURT SALE.
Estate of Cornelius Dougherty, dec'd. By virtue
of an order of the Orphans* Court of Luzeme county,
the undersigned will sell at public auction, at the Arbi-
iralion room, in the Court House, at Wilkes- Barrc, on
Friday, the 30th of March, 1883, at 10 o'clock A.M..
the surface of all that lot of land in the borough of
Ashley, beginning at a comer in line of Hazleton turn-
pike and in line of a public road, thence along said
public road about 72 feet to a comer in line of Nanti-
coke Railroad, thence 23 4-10 feet to a comer in line
of land of Ellen Carle, thence about 7a feet to a corner
in line of Hazleton turnpike aforesaid, and thence
along said Hazleton turnpike 30 feet or thereabouts to
pbce of beginning, containing 1,922 4>io square feet;
reserving aH coal and other minerals.
Terms op Salb — One-half of the purchase money to
be paid on day of sale, and one-half on confirmation
ofsiale.
ELLEN A. CARLE,
E. G. BUTLER, Administratrix.
Attorney. 11-13
ORPHANS' COURT SALE.
Estate of John Henry, deceased. By virtue
of an order of the Orphans' Court of Luzeme county, '
the undersigned will sell at public sale, on the premises,!
in the township of Nescopeck, on Friday, April 20th,'
1883, at » o'clock P. M., all that piece of land in Nes-i
copeck township, bounded on the north by land of
Andrew Keen, on the south by land of Amanda Smith '
on the west by land of John Smith, on the east by land'
of Mortimer Briggs, containing 8 acres, more or less ; |
00 which arc erected a frame house, bam, and out-
buildings.
Tkrms of Saui— 25 per cent down, 25 per cent of ,
balance on confirmation of sale and delivery of deed, 1
and the balance, with interest from confirmation, in
one year from confirmation ; deferred payments to be
secured by bond and mortgage on the premises.
C. B. JACKSON,
»-Z4 Administrator.
ORPHANS' COURT SALE.
Estate of Edward Ide, dec'd. By virtue of ait
order of the Orphans' Court of Lnzerne county, the
undersigned will sell at public auction, at the Arbitra-
tion room, in the Court Hou^, at Wilkes-Barrc, on
Saturday, April 21, 1887, at 10 o'clock A. M , the two
following pieces of land, viz. :
1. Being purpart No. 1 in the township of Lehman,
beginiiing at a slake in Lake road, and running thence
by lands of S. P. Ide 217 perches to the line of the
J as. Withy tract, thence along the said line 64 perchcs-
to a white oak, thence 30 perches to a black oak in the
line of certified Bedford, thence along said line 129
perches to a comer, thence 55 perches to a stake,
thenc 107 4-10 perches to the aforesaid road, and thence
along the same 23 perches to the place of^ beginning,
containing 82 acres and 2 perches, more or less ; about
8 acres improved, balance being timber and woodland.
2. All that other piece of land in the township of^
Lehman, commencing at a corner of land of A. H.
Ketcham in line of certified Bedford township, thence
55 perches to a comer, thence 75 perches to a corner,
thence 55 perches to a corner, and thence 75 perches
to the place of beginning, and containing 25 acres and
125 perches, more or less ; all improved.
Terms of Sale — Onc-ihird aown on day of sale,
and balance on confirmation of sale and delivery of deed.
S. P. IDE,
E. S. OSBORNE, Administrator.
Attorney. 12-14
PARTITION NOTICE.
In Re Partition of the Real Estate of John
Hlanchard, late of Ross township, Luzerne county,
Pennsylvaina, deceased. Now, March 13th, 1883,
inquest is awarded as prayed for ; returnable first day
of next term, at 2 o'clock P. M. Service of notice on
non-residonts of the State shall be published in the
Mountain Echo for three successive weeks, and a copy
of each mailed to the last known residence, and in ine
Luz. Lee. Reg. for same time. By the 1. oukt
To John Robbins. Helena, Montana Territory ; Ada
Robbins, New York City ; Clarence Robbins, Belle-
font, Pa., and Maria Savage, Buck Horn, Pa., and all
other parties interested — You will please take notice
that in pursuance of the above order of the Orphan?'
Court of said county, a writ ofpartition has been issued
from said court to ihe Sheriff of Luzeme county, re-
turnable on Monday, May 14, 1883. at a o'clock P.M.,
and that the inquest will meet for the purpose of mak-
ing partition on Tuesday, April 10, 1883, at 12 o'clock
M. of the same day, upon the premises, in the town-
ship of Ross, Luzeme county. Pa., at which time and
place you can be present, if you see proper.
WILLIAM O'MALLEY,
M. E. WALKER, Sheriff.
Attorney. 11-13
IN THE ORPHANS' COURT OF LUZERNE
county. Rule for discharge of Executor. Now,
March 8, 1883, on filing within petition and affidavit,
and on motion of C. B. Gardner, attorney for petitioner,,
a rule is granted to show cause why E. C. Siivius,
Executor, ctc.j shall not be discharged as prayed for.
Ten days' nouce to be given to all interested parties
living in Luzeme county, and said notice to be also
inserted in the Luzeme Legal Register and Union-
Leader for three weeks before making said application.
Retumablc March 31, 1883. 10-12 By the Court.
IN THE ORPHANS' COURT OF LUZERNE
county. In Re Estate of S. S. Coon, late of the
city of Wilkes-Barrc, deceased. Now, March 14th,
1883, ruJc is granted to show cause why Sylvester
Bristol, Administrator, should not be discharged. Re-
turnable the 31st day of March, 18B3, at 10 A. M.
"1-13 By the Court.
N THE ORPHANS' COURT OF LUZERNE
± county. In Re Estate of Andrew Montanye,
deceased. Now, March ^th, 1883, rule is granted to
show cause why Geo. B. Kulp, Tmstee, should not be
discharged. Returnable the 31st day of March, 1883,.
at u> o'clock A. M. xo-12 Bv the Court.
61
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Nottcf: is hereby given that aN'
application will he made to one of the Judges!
of the Court of Common Pleas of Luzeme county,'
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved April 20, 1874,
and the supplements thereto, on Monday. April 16th,
1883, at 10 o'clock A.M., for the charter of an intended
corporation, to be called "The Welsh Presbyterian
Church," of Ashley, the character and objects of which
are to purchase lands and erect buildings for the sup-
port of public worship,
W. H. HINES,
11-13 Solicitor.
N
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act fur the incorporation and regula-
tion of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county. Pa., the character
and objects of which are the carrying on the general
business of banking as a bank of deposit and discount.;
W. H. HINES,
11-13 Solicitor.
OTICE IS HEREBY GIVEN THAT AK
application for a license to peddle on fool has
been filed in the office of the Clerk of the Court ol
Quarter Sessions of Luzerne county by M. Silverman,
and that said license will be asked for in the court
aforesaid, on Monday, April 16, 1883, at 10 A. M.
■5r • "
JOHN T. LENAHAN,
Solicitor.
N
OTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the oflicc of the Clerk of the Court of
Quarter Sessions of Luzerne county by L. J. Thomas,
and that said license will be asked for in the court
aforesaid, on Monday, April 16. 1883, at 10 A. M.
WM. S. McLEAN.
11-12 * Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Picas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Act to
provide for the incorporation and regulation of certain
corporations," approved April 29th, 1874. and the sup-
plements thereto, on Monday, April i6lh, 188^, for the
incorporation of an intended corporation, t<3 be called
"The Saint Kazimicrza Society," of Plymouh, Pa.,
of which are benevolence
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzeme county by-
Louis Dunie. and that said license will be asked for in
the court afore.said, on Monday, the i6th day of April,
1883, at 10 o'clock A.M.
S. J. STR.AUSS.
11-12 Solicitor.
C. MAGEE,
Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by-
Leon Hufford. and that said license will be asked for
in the court aforesaid on Monday, the 16th of April,
1883. at 10 o'clock A. M.
BENNET & NICHOLS.
12-13 Solicitors.
the character and objects
and charity.
^ .. vj OTICE IS HEREBY GIVEN THAT AN
iN application for a license to peddle on foot ha»
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Henry Good-
NOTICE IS HEREBY GIV^EN THAT AN man, and that said license will be asked for in the
application will be made to one of the Judges, court aforesaid on Monday, the 16th day of April. 1883.
of the Court of Common Pleas of Luzerne county, un-!»t 10 o clock A. M. ctd attcc*
der the provisions of the Act of Assembly, entitled . S. J. STRAUSS,^
"An Act to provide for the incorporation and regula- 12-13 Solicitor.
tion of certain corporation," approved April 29, 1874,1 _ ^ _ - _
and the supplements thereto, on Monday, March 26, _ t/\ti/'c le uc-dcrv r-ivpv that a xt
1883. at 10 o'clock A M.,for the charier of an intendetl TsJ^T^i^nl^.-.^n Sff ir.^LVn^^irllAi.h Ik^
cor^ration, to be called "'ihe Pittston Cornet Bank," I ^^ application for a liccase to peddle with a ^^
.k ^.v,..- »1- ^^A „k:-...o ^r,..u:^u ^ .1,^ ...->.,»..— «^^ and wagon has been filed in the office of the Clerk of
the character and objects of which are the practice and' . /^ *. r /» . c.^^:^„, ^r 1 . ,«.„« -«...„►,. u .
^^^^.'.^^ ^r ^..^'.^ the Court of Quarter Sessions of Luzerne county by
promotion 01 music. MnciPP iMycr Finklcstein, and that said license will be asked
,_„ '' • ^' c„ft':»«,. I for in the court aforesaid on Monday, the 16th day of
'^" Solicitor. 1^ , ^^ ^^ ^,^^^^^ ^ y^
1 JOHN T. LENAHAN,
LUZERNE COUNTY, ss: "'^ !!^^^
In the Court of Common Pleas of said county.
No. 137, November term, 1882. Libel in divorce a vin- i^-i-qTICE IS HEREBY GIVEN THAT AN
culo matrimonii. Rosa A. DiefTenbacher, by her next j>| application for a license to peddle with a horse
friend, Adam Lawn, v Daniel F. DiefTenbacher. To and wagon has been filed in the office of the Clerk of
Daniel F. Dieffenbacher— Please take notice that the the Court of Quarter Sessions of Luzeme county by
court has granted a rule on you to show cause why a Wolf Rockman, and that said license will be asked for
divorce a vinculo matrimonii shall not be made andlip the court aforesaid on Monday, the i6th of April,
entered in favor of the libellant, service of the subpoena 1883, at 10 o'clock A. M.
having failed on account of your absence. Returnable! ' JOHN T. LENAHAN,
on Monday, March 26, 1883, at 10 o'clock A. M.
T. R. MARTIN,
ti-12 Solicitor.
Solicitor.
T UZERNE COUNTY, ss:
ESTATE OF DANIEL JONES. LATE OF THE
borough of West Pittston, deceased.
,„ www -, ..... I Letters of administration uuon the above named
Lj In Re Assignment of J. A. Wood for the benefit estate having been granted to the undersigned, all pcr-
of creditors. Notice Is hereby given that Charles A. sons having claims against the same will present them
Jones.Assi^nee, has exhibited and filed a final account for payment, and those indebted thereto will please
as such Assignee, which account will be confirmed and make immediate payment to
allowed on the 31st day of March, 1883, unless cause is JACOB KERN,
shown to the contrary i JOHN W. NIMMO,
JAMES M. NORRIS, GEO. S. FERRIS, Adm'rs c. t. a. d. b. n.
10-12 Prothonotary. , Attorney. 11-16
62
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ESTATE OF THOMAS W. JONES, LATE OF
Hanover township, deceased.
Letters of administration upon the above named
csute having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
REESE J. JONES,
JANE JONES,
G. H. R. PLUMB, Administrators.
Attorney. 10-15
ESTATE OF JASPER B. STARK, LATE OF
Wilkes-Barrc, deceased.
Letters of administration upon the above named
csute having been granted 10 the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
FRANCIS R. STARK,
E. P. & J V. DARLING, Administratrix.
Attorneys. 9-14
ESTATE OF MARY E. MACCARTNEY, LATE
of Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same win present
them for payment, and those indebted thereto will
please make immediate payment to
C. B. JACKSON,
n-x6 Administrator c. t. a. d. b. n.
ESTATE OF JAMES DOLAN, LATE OF THE
township ot Plains, deceased.
Letters testamentary upon the above named
estate having been granted to the undersigned, all per-
soin having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
PHILIP McANIFF.
M. CANNON, Executor.
Attorney. 10-15
ESTATE OF WILLIAM MINNICH, LATE OF
Sugarloaf township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ANN ELIZA MINNICH,
10-15 Executrix.
ESTATE OF JOSEPH SCHAPPERT, LATE
of Nanticoke, deceased.
Letters testamentary upon the above named estate
having been granted to the unaersigncd, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARY ANN SCHAPPERT,
JACOB SCHAPPERT,
8-13 Executors.
ESTATE OF EDGAR GREEN, LATE OF THE
township of Franklin, deceased.
Letters testamentary upon the above named
csute having been grantSd to the imdersigned, all pet-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ISAAC SUTTON,
PALMER, DEWITT & FULLER, Executor.
10-15 Attorney.
ESTATE OF ANN MIDDLETON, LATE OF
Plains township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to
STEPHEN HEALEY,
RICHARD BURKE,
COONS & SHORTZ, Executors
Attorneys. 9-14
ESTATE OF MICHAEL STEIN, LATE OF
Dorrance township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
GEO. H. HINKLEMAN,
7-12 Executor,
ESTATE of;ohn m. stackhouse, late
of Shickshinny, deceased.
I.^ten of admimstration upon the above named
esute having been granted to the undersigned, all
persons having claims against the same will present
thira for payment, and those indebted thereto will
pisase make immediate payment to
JAMES POST,
I. P. HAND, Administrator.
Attorney. 9-15
ESTATE OF JULIA McNULTY, LATE OF
Wilkes-Barre township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having cbims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
ALICE McNULTY,
E. P. & J. V. DARLING, Administratrix.
Attorneys. 8-13
ESTATE OF ELIZA BOWERS, LATE OF
Wyoming, Kingston township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
WILLIAM HANCOCK, .
8-14 Executor.
ESTATE OF JOHN MANGAN, LATE OF
Pittston township, deceased.
Letters of administration upo« the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
THOMAS MANGAN,
F. C. MOSIER, Administrator.
Attorney. 9-14
ESTATE OF W. S. HILLARD. LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to tne undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RUTH B. HILLARD,
E. G. BUTLER, Executrix.
Attorney. 8-13
ESTATE OF JOHN ORR, LATE OF FOSTER
township, deceased.
Letters testamentary upon the above nateed estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those Indebted thereto will please make
immediate payment to
ELIZABETH A. POLLOCK,
9-14 Executrix.
63
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ESTATE OF MAKY E. PETERS, LATE OF T7STATE OF JOHN HENRY, LATE OF THE
Hollenback township, deceased. ±L township ofNcscopcck, deceased.
Letters of administration upon the above named Letters of administration upon the above named
estate having been granted to tne undersigned, all per- estate having been granted to the undersigned, all per-
sons having claims against the same will present them sons having claims against the same will present them
for payment, and those indebted thereto will please for payment, and those indebted thereto will please
make immediate payment to make immediate payment to
DANIEL BLOSS, C. B. JACKSON,
J. T, LENAHAN, Administrator. 11-16 Administrator.
Attorney. «a-»7i — _ -
PSTATE OF REBECCA PETERS, LATE OFJO^I."fe^f Co^r^eVi^'^D^^g^^^^ Byvirtue
J-* Hollenback township, dccca.sed J^f ^n order of the Orphans' Court of Luzerne county.
Letters of adm.nistration upon the above named the undersigned will sell at public auction, at the Arbi-
esute having been granted to the undersigned, all per-|trai.un room, in the Court House, at Wilkes-Barre, on
sons having claim, against die same will present them 1 Friday, the 30th of March, 1883, at 10 o'clock A. k.,
for payment, and those indebted thereto will please the surface of all that lot of bnd in the borough of
make immediate payment ««» I Ashley, beginning at a comer in line of HajJeton turn-
T T* r <E>xT A TT . -k.r UAIMiLL BLObS. ipike and in line of a public road, thence along said
J. T. LENAHAN, Administrator. IpubUc road about 72 feet to a comer in line of Nami-
. _ At torne y. 12-17 coke Railroad, thence 23 4-10 feet to a comer in line
ESTATE OF JOSEPH STACKHOUSE, LATE
of Shickshinny, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOHN W. CHAPIN,
L P. HAND, Executor.
Attorney. 9.14
ESTATE OF JULIA ROBERTS. LATE OF
Hughestown, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will pli
make immediate payment to
ALFRED P. HOUSE,
FRANCIS H. CHIVERS,
F. C MOSIF.R. Administrators.
Attorney. 12-17
ESTATE OF DANIEL JONES, LATE OF THE
borough of NVcst Pitiston, deceased.
Letters of administration upon the above named
estate having been granted to tne undesigned, all per-
.sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JACOB KERN,
JOHN W. NIMMO.
GEO. S. FERRIS, Adm'rs c. t. a. d. b. n.
Attorney. 11-16
ESTATE OF lOSEPH WHIPP, LATE OF
Exeter township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
WM. H. WHIPP,
HANNAH WHIPP,
PALMER, DEWITT & FULLER, Executors.
13-' 8 Attorneys.
of land of Ellen Carle, thence about 72 feet to a comer
in line of Hazleton turnpike aforesaid, and thence
along said Hazleton tumpike 30 feet or thereabouts to
place of beginning, containing 1,922 4-10 square feet;
reserving all coal and other minerals.
Tbkms of Sale — One-half of the purchase money to
be paid on day of sale, and one-half on confirmation
of sale.
ELLEN A. CARLE,
E. G. BUTLER, Administratrix.
Attorney. . 11-13
ORPHANS' COURT SALE.
Estate of John Henn', deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public sale, on the premises,
in the township of Nescopeck, on Friday, April 20th,
1883, at 1 o'clock P. M., all that piece of land in Nes-
copeck township, bounded on the north by land of
Andrew Keen, on the south by land ot Amanda Smith,
on the west by land of John Smith, on the east by land
of Mortimer Briggs, containing 80 acres, more or less ;
on which are erected a frame house, oam, and out-
buildings.
Terms op Sale— 25 per cent down, 25 per cent of
balance on confirmation of sale and delivery of deed,
and the balance, with interest from confirmation, in
one year from confirmation ,• deferred payments to be
secured by bond and mortgage on the premises.
C. B. JACKSON.
12-14 Administrator.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 23, January term, 1883. Libel in divorce a vin-
culo matrimonii. Emma Stevens, by her next friend,
John Pag^ley, v. Alexander A. Stevens. The alias
subpoena in tne above case having been returned non
est inventus, you, the said Alexander A. Stevens, are
hereby notified to appear at said court, on Monday,
the X4th day of May, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
D. M. JONES, Sheriff.
Solicitor. 13.16
70
ORPHANS* COURT SALE.
Estate of Edward Ide, dcc'd. By virtue of an
order of the Orphans' Court of L'lzeme county, the
undersigned will sell at public auction, at the Arbitra-
tion room, in the Court Hoase, at Wilkes- Barre, on
Saturday, April 21, 188^, at 10 o'clock A. M.^ the two
following pieces of land, viz. :
1. Being purptart No. i in the township of Lehman,
beginning at a stake in Lake road, and mnning thence
by lands of S. P. Ide 217 perches to the line of the
Jas. Withy tract, thence along the said line 64 perches
to a white oak, thence 30 perches to a black oak in the
line of certified Bedford, thence alons said line 129
perches to a comer, thence 55 perches to a suke.
thenc 107 4-10 perches to the aforesaid road, and thence
along the same 23 perches to the place of beginning,
containing 8a acres and 2 perches, more or less ; about
8 acres improved, balance being timber and woodland.
2. All tnat other piece of land in the township of
Lehman, commencing at a comer of bnd of A. H.
Ketcham in line of certified Bedford township, thence
55 perches to a comer, thence 75 perches to a comer,
thence 55 perches 10 a comer, ana thence 75 perches
to the place of beginning, and containing 25 acres and
125 perches, more or less ; all improved.
Terms op Sale— One-third oown on day of sale,
and balance on confirmation of sale and delivery of deed.
S. P. IDE,
E. S. OSBORNE, Administrator.
Attorney. 12-14
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of Ann Middleton, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public auction, at the Arbi-
tration room, in the Court House, at Wilkes-Barre. on
Saturday, the 31SI of March, i8S3,at 10 o'clock A. M.,
the following piece of land in the township of Plains,
beginning on the back road at a comer of land of Mrs.
Ann Courtright, thence along said land ai8 feet to a
comer of land of John Mitchell, thence 50 feet to a
comer, thence 218 feet to the back road aforesaid,
thence along same 50 feet to the place of beginning ;
excepting and reserving the coal and other minerals ;
improved, with a two-siory frame house, 16x26 feet,
and outbuildings thereon.
Terms op Salb— $300 down on day of sale, and the
balance on confirmation of sale.
THOS. H. ATHERTON,
11-13 Trustee.
PARTITION NOTICE.
In Re Partition of the Real Estate of John
Blanchard, late of Ross township, Luzerne county,
Pennsylvaina, deceased. Now, March i3ih, 1863,
inquest is awarded as prayed for ; returnable first day
of next term, at a o'clock P. M. Service ol notice on
non-residents of the Stale shall be published in the
Mountain Echo for three successive weeks, and a copy
of each mailed to the last known residence, and in the
Luz. Leg. Reg. for same lime. By the i.'ouRT.
To John Robbins, Helena, Montana Territory ; Ada
Robbins, New York City ; Clarence Robbins, Belle-
font, Pa., and Maria Savage, Buck Horn, Pa., and all
other parties interested — \ ou will please take notice
that in pursuance of the above order of the Orphans'
Court of said county, a writ ofpartitijn has been issued
from said court to the Sheriff of Luzerne county, re-
turnable on Monday, May 14, 1883. ai 2 o'clock P.M.,
and that the inquest will meet for the purpose of mak-
ing partition on Tuesday, April 10, 1883, at 12 o'clock
M. of the .same day, upon the premises, in the town-
ship of Rofts, Luxeme county. Pa., at which time and
place you can be present, if you see proper.
WILLIAM O'MALLEY.
M. E. WALKER, Sheriff.
Attorney. 11-13
IN THE ORPHANS' COURT OF LUZERNE
county. In Re Estate of S. S. Coon, late of the
diy of Wilkes-Barre, deceased. Now, March i4ih,
1BB3, lu'c is granted to show cau.se why Sylvester
Bristol, Administrator, should not be discharged. Re
tumable the 31st day of March, t88;, at 10 A. M.
11-13 By the Court.
IN THE COURT OF COMMON PLEAS OF
Luzerne couniy. In Re "ctiiion of Magdalena
Brehm to be declared a feme sole trader under the Act
of Assembly, approved May 4, 1855. Now, March 12,
1883, on filing the within petition, the court being sat-
isfied of the justice and propriety of the application,
direct notice thereof to be given in the Luzerne Legal
Roister for four successive weeks, and fix Monday,
the i6th day of April, 1883, as the time for granting
the within prayer of petitioner, and of making decree
as prayed for. By the Court.
MICHAEL CANNON,
11-14 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved April 2^, 1874,
and the supplements thereto, on Monday, April i6th,
1883, at 100 clock A.M., for the charter of an intended
corporation, to be called "The Welsh Presbyterian
Church," of Ashley, the character and objects of which
are to purcluutc lands and erect buildings for the sup-
port of public worship.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act fur the Incorporation and regula-
tion of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county, Pa., the character
and objects of which arc the carrying on the general
business of banking as a bank of deposit and discount.
W. H. HINES,
11-13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Pleas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Act to
provide for the incorporation and regulation of certain
.corporations," approved April 29ih, 1874, and the sup-
iplements thereto, on Monday, April i6th, 1883, for the
; incorporation of an intended corporation, to be called
["The Saint Kazimierza Society," of Plymouh, Pa.,
'the character and objects of which arc benevolence
and charity.
H. C. MAGEE,
11-13 Solicitor.
J ALTON DAVIS,
• a member of the Bar of Lackawanna county,
will apply for admission on April 16, 1883. to prac-
tice as an attorney in the .several courts of the county
of Luzerne. 13-15
11-X3
W. H. HINES,
Solicitor.
N
OTICE IS HEREBY GIVEN THAT AN
application for a liceiiKC to peddle on foot has
been filea in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by N. Finklestein,
and that said license will be asked 'for in the court,
aforesaid, on Monday, April 16, 1883, at 10 A. M.
D» M. JONES.
13-14 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Leon HufTord, and that said license will be asked for
in the court aforesaid on Monday, the i6ih of April,
1883. at 10 o'clock A. M.
BENNET & NICHOLS,
12-13 Solicitors.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Henry Good-
man, and that said license will be asked for in the
court aforesaid on Monday, the i6th day of April, 1883,
at 10 o'clock A.M.
S. J. STRAUSS,
12-13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a licease to peddle with a horse
and wagon has been filed in the ofnce of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Myer Finklestein, and that said license will be asked
for in the court aforesaid on Monday, the i6th day of
April, 1883, at 10 o'clock A.M.
JOHN T. LENAHAN,
12-13 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the onice of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Wolf Rockman, and that said license will be asked for
in the court aforesaid on Monday, the i6th of April,
1883, at xo o'clock A. M.
JOHN T. LENAHAN,
12-13 Solicitor.
71
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, April 6, 1883. No. 14.
Court of (JHuarter Sessions of Cujeme €ountg.
Commonwealth v, Seward.
Conttitmtion^ Uw—Poiice ^cwtr oftkt Statt^Camp meetingt-^Act qf May 8th, 1878, regulating
trajS^c near.
I. The act of May 8th, 1878, which, subject to certain exceptions, makes it a misdemeanor for any
person " to erect, place, or have any booth, stall, tent, shed, carriage, boat or vessel, or any
other place or vehicle whatever for the purpose or use of selling, giving, or otherwise disposing
of all or any kinds of articles of traffic or merchandise (except as hereinafter excepted) within
one mile of any camp meeting held for religious worship in this Commonwealth,'* is not uncon-
stitutiona!.
a. Police power of the State defined.
3. The above act in its purpose, and in its provisions to carry out that purpose, may be &irly con-
sidered as within the police power of the State.
4. The purpose of the act being lawful and constitutional, a large discretion as to the means neces-
sary to accoapUsh it must be left to the Legislature, and the courts cannot interfere with the
exercise of that discretion, except in a very clear case, without usurping legislative functions.
Rule why indictment should not be quashed.
The opinion of the court was delivered January 5, 1883, by
Rice, P. J. — This indictment is well drawn under the act of
May 8th, 1878 (P. L. 46), which, subject to certain exceptions,
makes it a misdemeanor for any person " to erect, place, or have
any booth, stall, tent, shed, carriage, boat or vessel, or any other
place or vehicle whatever, for the purpose or use of selling, giving,
or otherwise disposing of all or any kinds of articles of traffic or
merchandise (except as hereinafter excepted) within one mile of any
tamp meeting held for religious worship in this Commonwealth."
Three classes of persons are excepted from the prohibition of the
statute, as follows: ist. Licensed tavern or hotel keepers, merch-
ants, mechanics, farmers, and shop keepers, in their lawful and
Digitized by VjjOOQIC
82 Commonwealth v. Seward.
ordinary business, at their usual place of business or residence.
2d. Persons who have procured a written ** permit" from the
trustees or managers of the camp meeting. 3d. Farmers living
within one mile of the camp meeting disposing on their own
premises of their own farm products or vegetables. As the case
is now presented, it must be assumed that the defendant did not
come within either of these excepted classes.
The sole question which the present motion requires us to
decide is, whether or not the act is constitutional. The defend-
ant's counsel argue that it is not, because it unreasonably inter-
feres with the right of holding, using, and enjoying private
property, or at least that it makes the exercise of the right
dependent on the will of another.
The right to buy and sell whensoever and wheresoever one
will is not an indefeasible right which the Legislature may not
regulate and restrain when the public welfare requires. "Rights
of property, like all other social and conventional rights, are sub-
ject to such reasonable limitations in their enjoyment as shall
prevent them from being injurious, and to such reasonable
restraints and regulations established by law as the Legislature,
under the governing and controlling power vested in them by the
constitution, may think necessary and expedient." Comlth. 7\
Alger, 7 Cush. 85. "The police of a state, in a comprehensive
sense, embraces its system of internal regulation, by which it is
sought not only to preserve the public order, and to prevent
offences against the state, but also to establish for the intercourse
of citizen with citizen those rules of good manners and good
neighborhood which are calculated to prevent a conflict of right,
and to insure to each the uninterrupted enjoyment of his own, so
far as is reasonably consistent with a like enjoyment of rights by
others." Cooley Const. Lim. *p. 572. It would be an almost
endless task to enumerate the instances wherein this power has
been exercised without question. 'A business, trade, occupation,
industry, or amusement may be perfectly innocent or lawful in
itself, but it becomes injurious when it disturbs or interferes with
the enjoyment by others of their rights. The public welfare is
promoted by the prevention of a conflict of rights between indi-
viduals, and to accomplish this the state has undoubted authority
Digitized by VjjOOQIC
Commonwealth v, Seward. 83
to make extensive and varied regulations as to the time, mode,
and circumstances in and under which parties shall assert, enjoy,
or exercise their rights, without coming in conflict with any of
those constitutional principles which are established for the pro-
tection of private rights and private property.
It must be conceded that the Legislature has undoubted
authority to make reasonable regulations to secure thje people of
the State, in the peaceable and quiet enjoyment of their right to
assemble together, either in a church edifice, or in the Open field,
or in the grove, for the purpose of religious worship and instruc-
tion. This authority has been claimed and exercised from a very
early period in this Commonwealth. It includes not merely the
authority to punish the wilful disturbance of religious assemblies
as a misdemeanor, but to regulate and control otherwise lawful
employment and conduct, so that they shall not cause disturb-
ance. As an illustration of the exercise of the police power, the
Legislature, in 1798, authorized the religious societies of Phila-
delphia to extend chains across the streets in front of their church
edifices on Sunday to prevent vehicles from passing and repass-
ing.- The purpose of this act and its justification, as expressed
in the preamble, was to secure and protect the peaceable and
quiet enjoyment of the right to assemble together for religious
worship. Again, by the act of April 2d. 1822 (7 Sm. L. 660;
P. D. 1263,//. 4), it was made unlawful for any person to have a
place for the purpose of selling or otherwise disposing of any
kinds of articles of traffic, spirituous liquors, etc., within three
miles of any place of religious worship, during the time of hold-
ing any meeting therefor. The second section of the act author-
ized the summary seizure and sale of the goods. The third
section made nearly the same exceptions as are made in the act
of 1878 (supra). This act twice came before the highest court of
the State for review. It was held in both cases that under a
proper construction of its terms the enumeration of liquors
known to have a tendency to produce intoxication was meant as
an exposition of the term traffic. In the first case two of the
judges thought that the section authorizing a summary seizure
and sale of the goods was in conflict with the provision of the
bill of rights, that one cannot be deprived of his property unless
Digitized by VjjOOQIC
84 Commonwealth v. Seward.
by the judgment of his peers or the law of the land. But in
neither case was it suggested that it was not within the constitu-
tional power of the Legislature to regulate, and, under proper
safeguards, to restrain the traffic in all kinds of merchandise, as
well as intoxicating liquors, within the period and limits named,
except upon the conditions prescribed. Fetter v. Wilt, lO Wr.
457; Krarper v. Marks, 14 Sm. 151. The absence of such sug-
gestion is of some value as showing that the objection to the
statute on this ground could not be successfully urged.
The faults of the act of 1822 have been avoided in the act of
1878, and the limits within which general traffic may be carried
on have been reduced to one mile. Great care has been taken
not to interfere with any business, trade, or occupation already
established, and not to restrain any person from the use and
enjoyment of his property as he would have enjo>'ed it were the
camp meeting not held. Is it unreasonable to provide that other
persons, attracted solely by the assembling of a large number of
people for religious worship and instruction, shall not take
advantage of that circumstance, and establish places for general
traffic in the immediate vicinity of the camp meeting, without the
consent of the managers of the association? We can discover
only one purpose for this provision of the statute, and that is to
prevent disturbances of the religious meetings; and it can readily
be seen that from the nature of the assemblages, and the charac-
ter of the places where camp meetings are usually held, some
such provision is necessary for that purpose, which would not be
required if the meetings were held within the walls of a church
edifice. Assuming, as we must, that the purpose of the statute
is a proper one for legislative action, it must very clearly appear
that the regulations of the statute are so unreasonable as to leave
no room for doubt that the Legislature has exceeded its consti-
tutional powers, or the courts will not be justified in setting them
aside. A large discretion as to the means necessary to accom-
plish this lawful and constitutional purpose must be left to the
Legislature, and the courts cannot interfere with the exercise of
that discretion, except in a very clear case, without usurping
legislative functions. The police power of the State, as vested in
the Legislature, is not without limitation, and we do not mean to
Digitized by VjjOOQIC
■ Commonwealth v, Seward. 85
be understood as saying that the courts may not declare an act
unconstitutional which has been passed under the ostensible
exercise of that power, but only that the case must be clear and
free from doubt. If it could be discovered that the purpose of
the act was not what we have stated it to be, but was one in
which the public welfare was in no way concerned, the courts
would undoubtedly be justified in declaring that the Legislature
had transcended its constitutional powers. For example, if the
purpose and effect of the law were to confer upon camp meeting
associations the right of monopolizing the sale of all kinds of
goods within a certain radius for their own profit, it would be
open to very serious objections. It would be difficult to see how
the public welfare could be subserved by such legislation. This
objection was raised in a recent case in Massachusetts, and was
so fully and satisfactorily considered that we quote at length from
the opinion, which has not as yet been published in the reports.
"The Legislature," says Mr. Justice Devens, '* is largely the
judge of its own powers in reference to these matters. If it can
be seen, indeed, that the rights of property are invaded under the
pretence of a police regulation, it would be our duty to interfere
to protect them. It is contended that the defendant's use of his
own land is subjected to the will of another; that he cannot,
under the law, use it for an otherwise lawful purpose but with the
consent of another. But no general control has been assumed
over his land; no lawful and established business that he has is
interfered with. If it be that of selling provisions and refresh-
ments, he may continue it, although the camp meeting has
assembled. But if he purposes to make a use of his land that
he would not have made but for the assembling of the camp
meeting, it is not an improper police regulation which requires
him to obtain its consent. The protection of such a meeting, as
of every public meeting, is certainly an object in which the public
welfare is concerned. The sale of provisions and refreshments
is one often submitted to supervision as liable to occasion dis-
order. Inasmuch as the defendant seeks to pursue it, not as an
established business, but only by reason of the camp meeting, it
is not unjust to him or his use of the property that its authorities
shall determine whether they will be disturbed by it. . . Nor
Digitized by VjjOOQIC
S6 Commonwealth v. Seward. ♦
is the intention of this law to invest the camp meeting with a
franchise by which it may properly assume the control of the
business of selling provisions, etc., and thus of monopolizing the
pecuniary advantages to be derived from it. The gift to one of
the right to carry on a business in a particular vicinity may be a
very valuable right. The authority to control it is equally so,,
and if here conferred with a view of investing the camp meeting
with such a privilege for any purpose except the preservation of
order would be subject to serious objection. There would be
much reason for asserting that thus conferred it was an invasion
of the rights of property. An examination of the various provi-
sions of the statute will determine whether all that it has been
attempted to accomplish by legislation is nierely to limit the use
of property in the interest of the public peace and welfare. That
such is its object is shown by the history of the legislation, by the
classes of business forbidden absolutely, by those forbidden un-
less permission is obtained, by the temporary character of such
prohibition, and by the fact that no established business is dis-
turbed.'' Comlth. V. Bear.se (Sup. Ct. Mass., Mss.)
The reasoning upon which this case was decided is pertinent
here. All of the points raised before us were fully considered in
that opinion. Coming, as it does, from a court of very high
authority, and there being no conflicting decision by the courts
of our own State, the decision is entitled to very great weight
We conclude that the act under consideration in its purpose,
and in its provisions to carry out that purpose, may be fairly
considered as within the police power of the State, and hence the
motion to quash the indictment must be overruled.
The rule is discharged.
Q. A. Gates and Gustav Hahn, E^qs., for rule.
A. Darte, Jr., J. V. Darling, and S. M. Rhone, Esqs., contra.
Digitized by VjiOOQlC
Commonwealth v. Shelly. 87
€aurt of (Eluarter Sessions of Cujcnie (jlounttt.
Commonwealth v. Shelly.
Criminal law^lndictment — Excepttom in a penal statute — When to be negatived in indictment-^
Camp meetings— Act of May 8tk, 1878.
1. It 1$ a general rule that where the enacting clause of a statute describes the offence, with certain
exceptions, it is necessary to state all the circumstances which constitute the offence, and to
negative the exceptions; but where the exceptions are contained ki separate clauses or provi-
sions of the statute, they may br omitted in the indictment, and may be shown by the defendant
as matters of defense.
a. Where by the terms, *' except as hereinafter excepted," the exception is introduced into the
enacting clause as a part of the definition of the offence, and not as a proviso, it should be
negatived.
3. The enacting clause of the act of May 8, 1873 (P. L. 46), relating to the regulation of traffic near
camp meeting, contains the words, "except as hereinafter excepted;" the third section states
the exceptions : Held, that in an indictment the exceptions should be negatived.
Rule to show cause why indiccment should not be quashed.
The opinion of the court was delivered January 9, 1883, by
Rice. P. J.— The first section of the act of May 8, 1878 (P. L.
46), makes it unlawful for any person to erect or have any place
for the purpose of disposing of any kinds of merchandise, " except
as hereinafter excepted/' within one mile of any camp meeting
held for religious worship. The second section of the act makes
it a misdemeanor for any person to violate the provisions of the
first section. The third section provides that certain classes of
persons shall not be affected by the act. It is under this act that
the indictment was intended to be drawn.
The first reason urged for quashing the indictment is, that the
act is unconstitutional. We conclude, however, that it may be
justified as a reasonable exercise of the police power of the State.
Our reasons for this conclusion are given in the opinion recently
filed in the case of Comlth. v, Seward {ante 81).
Another objection, which did not arise in the Seward case, is
stated as follows: "The indictment ought to have averred that
the defendant sold his merchandise, not only contrary to the
act of Assembly, but also contrary to the section of the act of
Digitized by VjjOOQIC
88 COMMONWEALtH V^ ShELLY.
Assembly containing the saving clause or exceptions." It is a
rule of very general application that where the enacting clause of
a statute describes the offence, with certain exceptions, it is neces-
sary to state all the circumstances which constitute the offence,
and to negative the exceptions; but where the exceptions are
contained in separate clauses or provisions of the statute, they
may be omitted in the indictment, and may be shown by the
defendant as matters of defense. See i Wh. Cr. L. § 378; i Bish.
Cr. Pr. § 635, and cases there cited. If the ^first section of the
act of 1878 had contained no reference to the exceptions con-
tained in the third section, then, following the general rule above
stated, there would have been no difficulty in sustaining this
indictment. But if, on the other hand, these exceptions had been
written out in full in the enacting clause, it would seem, under
the same general rule, that they should have been negatived in
the indictment. For example, if the section had read, " it shall
not be lawful for any person, except licensed tavern keepers,
merchants, etc., and persons who have procured a permit, etc.,"
good pleading would require these exceptions to be negatived.
Com. V. Maxwell, 2 Pick. 139; State v. Barker, 18 Vt. 195.
These exceptions, thus introduced into and made part of the
enacting clause, would seem to qualify the general terms used at
the outset, and hence would become a material part of the defini-
tion of the offence. As it seems to us, after a careful examination
of the authorities, the terms in the enacting clause, "except as
hereinafter excepted," have the same effect. By their introduc-
tion into that clause before the completion of the definition, and
not as a proviso, it appears that the Legislature did not intend
to make the prohibition general, but limited to certain circum-
stances and certain classes of persons. Hence it was as material
to negative the exceptions as it was to aver that the goods were
offered for sale within one mile of the camp meeting. The fact
that the exceptions are, by relation, brought into the same section
with the enacting clause is not decisive. Cases might be cited
where the prohibitory clause has been immediately followed by
a proviso, and yet it has not been held essential to aver that the
defendant did not come within the proviso. The reason supporting
these rulings is, that the matter contained in the proviso was not
Digitized by
Google
Commonwealth v. Shelly. 89
an essential part of the definition of the offence, but was excusa-
tory, or matter of defense. But where the exception is so incor-
porated with the clause defining the offence, either by its introduc-
tion in express terms in the enacting clause, or by being referred
to in terms such as are used in this statute, as to become a
material part of the definition, it would seem reasonable to hold
that it must be negatived in order that the description of the
offence laid in the indictment may correspond with that prohib-
ited by the statute. This is held to be the test in the case of the
United States v. Cook (17 Wall. 168, 173, etc.,) where this ques-
tion of pleading is very fully considered. In the case of Comlth.
V. Hart (11 Cush. 130) Mr. Justice Metcalf says: "There is a
middle class of cases, namely, where the exception is not in
express terms introduced into the enacting clause, but only by
reference to some subsequent or prior clause, or to some other
statute. As when the words, * except as hereinafter mentioned,'
or other words referring to matter out of the enacting clause, are
used. The rule in these cases is, that all circumstances of ex-
emption and modification, whether applying to the offence or to
the person, which are incorporated by reference with the enacting
clause, must be distinctly negatived. Verba relata inesse videutury
This language, if not required by the facts of the case, is sup-
ported by authority, and is consistent with the principle of the
general rule which we stated at the outset. See Varasour v,
Ormrod. 6 B. & C. 430 (13 E. C. L. 199); State v O'Donnell, 10
R. I. 472. The case of Stul v. Smith (i Barn. & Aid. 94; 4 E.
C. L. 45) is sometimes referred to by text writers as authority to
the contrary. This is not warranted by the report of the case.
The judges especially call attention to the fact that in the enact-
ing clause of the statute then under consideration there was no
reference to the exception. Abbott, J., says : **Here are not in
the enacting clause any words such as 'except as hereinafter pro-
vided.' If any such words had been introduced, it might fairly
have been contended that the subsequent proviso was incorpo-
rated with the enacting clause, and then the objection might have
been supported." The case of Comlth. v. Davenger (2 Luz. Leg.
Reg. 177) was based on an act of a similar nature to this. The
enacting clause made it unlawful for any person to erect or have
Digitized by VjjOOQIC
90 Commonwealth v. Shelly.
a place for the sale of certain kinds of merchandise within two
miles of the camp meeting without having obtained a license. It
was then further provided that nothing in the act should be taken
to affect any person who had procured a permit from the mana-
gers. It was held that the information should aver not only that
the defendant had no license, but also that he did not have the
permit referred to in the proviso.
This question is full of perplexity. It will be found, after an
examination of the authorities and conflicting dicta of courts and
text writers, extremely difficult for the pleader to determine
whether exceptions and provisos enter into the definition of the
offence, or are to be shown by the other party as matters of
defense. Dr. Wharton concludes his discussion of the question
by saying that the test is practically this: ** Is it the scope of the
statute to create a general offence, or an offence limited to a par-
ticular class of persons? In other words, is the crime meant to
be viewed as generally wrong, and subject to general moral con-
demnation; or is it an artificial and arbitrary offence, only becom-
ing such when it is executed by persons of a particular class?
In the latter case the defendant must be declared to be within
this class; in the former case this is not necessary.'* I Wh. Cr.
L. § 380. This test seems to us to be based on just principles,
and if it be applied to the case in hand it will be seen that the
prohibition of this statute is not general, but limited to certain
classes of persons, and that in order to precisely describe the
offence it is as important to aver that the defendant was not a
licensed tavern or hotel keeper, merchant, mechanic, farmer, or
shop keeper, in his lawful and ordinary business, at his usual
place of business or residence, and that he did not have a permit
from the managers of the camp meeting, as it is to aver that the
goods were offered for sale within one mile of the camp meeting.
Without such averments the act charged against the defendant
would be perfectly lawful. For these reasons we conclude that
the indictment must be quashed.
The rule is made obsolute.
Gustav Hahn, Esq., for rule.
A. Darte, Jr., and T. R. Martin, Esq., contra.
Digitized by VjjOOQIC
LICENSES.
Notice is hereby given that the foTlowiog persons
have filed their applications for license to keep hotels
and restaurants, and to sell liquor by the quart, in the
office of the Clerk of the Court of Quarter Sessions of
the county of Luzerne, and that said applications will
be beard by the court on Monday, April i6, 2883 :
HOTELS.
iohn M. Caffray . .
fichael McKieman
. Daniel H« Evans .
. M. A. McCarty . .
. lames Tredrick
. Peter Smith ....
. Daniel B. Keglc . .
. Joel Morton ....
.W.J. Myers . . .
. Bamet Searfoss . .
. Anna M. Drum . .
. John N. Landmesser
. David Mace ....
. Joseph Woodring .
. George Dnim . . .
. Dennis B O'DonneU
. Thomas Lannon . .
. Milton Hess ....
. Werner Smith . . .
. Philip Raub ....
. George H. Hoch . .
. Christ. Remming .
. John Fuchs ....
. John Melley ....
. Andrew W, BechtlcafT
. Frank P. Whitebrcad
. Conrad Schaub
H.&McG .
Famham
I. L. . . .
Hines . . .
Landmesser
Hahn . . .
Troutmaa .
Brundage .
Harding . .
Kline . . .
Kisner
Gorman .
Hahn . .
Brundage
Hakes. .
Brundage
Hughes
Hahn .
Hayes .
Kline
Martin
Hayes
Ashley.
Black Creek Tp.
Bear Creek Tp.
Butler Tp.
Conyngham Tp.
Dallas
Dorrance Tp.
Exeter.
Foster Tp.
. . S. R. Ferrcll
. . William Gibbons .
. . John Yannis . . .
. . Michael Zemany .
. Robert Wallace .
. . Alfred Defoy . .
. . A. Harvey . . .
. . James Canrey . .
. .S.J. Faux ....
. . John H. Washburn
. . Daniel Warner . .
. . Sol Hursh ....
. . A. P. Coles . . .
. . Otto Bricn ....
. . Robert Gauff . .
. . C. Herron ...
. . William Horn . .
. .JohnMcNcal . .
. . James McFadden
. . Jacob Rosenstock
. .WiUiamBach . .
. . George Gibbons .
. . Martin Modjeska
. . Frederick Meirs .
. . Henry Coller . .
. . PhUip Stockcr . .
. . Christian Mathes
. . Joseph Pheotes .
. . William Cassid^ .
. . James Fitzpatnck
. . John McGinty . .
. . Adam Schreiner .
. . Philip Feist . . .
. .C.W;Krapf. . .
. . Henry Krapf . .
. . Thos. P. Morgan
. . George Schaefer .
. . George Setgel . .
. . John Stein . . .
. . A. F. Volkenand
. . Anton Wagner .
. . John V. Wagner .
. . C. L. Kline . . -
. . Adam Schneider .
. . William Hartig .
. . Charles Ermish, Sr.
. . Henry Knoth . .
.... Wm. L. Williams
Troatman . . Samuel B. Cressman
IT. L
H. & McG
Derr .
Hahn .
Martin
Magec.
E. A. L
Kline .
McManus
Troutmaa
Gorman .
Hahn . '.
McManus
Gorman
KliD
Franklin Tp.
Freeland,
Hanover Tp.
HoUcnback Tp.
H unlock Tp.
Hazle Tp.
Hatleton.
McL. & J
Reynolds
Dane . .
Hakes. .
Campbell
D. &A .
Martin .
H. & McG
Hahn . .
Martin
Plumb .
Phoenix .
D.&A .
Hines . .
Reynolds
Plumb. .
Osborne .
Magee . .
Hines . .
Kline . .
Plumb. .
H.&McG
Hines . .
i.T. L .
ones . .
Erundage
Robinson
J. L. L .
H. & McG
Koon
Bauman
Miller .
Hughes
Mosier
Payne .
H.&McG
Phoenix
B. &N
J. T. L
H.&McG
Moore
L.
agee
L
O'Neill
Patrick
McL. & J
LT. L
Martin
Gates .
Martin
O'Neill
Osborne
Weaver
Kline .
Hahn '.
C. &S
Brundage
. Munson Sigler . .
. Samuel Hodgdon
. Nathan Kunkie .
. T. McDonough .
. Peter Wolcott . .
. D. A. LaBar . .
. John Batterton .
. A. Callahan . .
. Henry Kemp . .
. W. E. Steele . .
. James E. Williams
. Eugene M. Phillips
, Linn Jones . . .
. James W. Rhoads
. C. D. Skodden .
. E. W. Drake . .
. Edward T. Jones
. George Woodyatt
. H. C. Beck . . .
. E. W. Steel . . .
. I. H. Oplinger .
. Aavier Wernet .
. L K. Feltows . .
. Andrew Dombroski
. C. C. Williams .
. W. C. Gruvcr . .
. E. B. Courtright .
. William Tate . .
. John Hares . . .
. Catharine Morgan
. John Schumacher
. William Neimeycr
. P. Battle, Agt . .
. Paul Bohan . . .
. James J. Rigney
. William Bechtold
iohn Donley . .
ohn F. Eicnholzer
'. L. Famham .
. R. Strcng ....
ioseph Weber . .
larry Scheidel .
. F. W. Ginz. Jr .
. H. W. Lee ...
, Michael Murray .
. Iohn W. Davis, Agt
. Thomas Cody . .
. C. H. Schuyler .
. E. M. Sinclair . .
. 1. R. Ehret . . .
. fhos. B. Leonard
. James S. Baker .
. George Smith . .
, Archie McQueen
, Jacob H. Snyder
. Thomas Hooper .
. Bridget Mangan .
. C. M. Williams .
. Michael Athey .
. Patrick Mangan .
. James Eley . . .
. K. A. Frantz . .
. Geo. P. Richards
. R. W. Roberts .
. Thomas B. Case .
. Benjamin Krothe
. John Dempsey .
. John McAnany .
. Samuel Rogers .
. James J. Ruch
. James Duffy . .
. 1. J. Hess ....
Georee Fisher . .
osepn M. Turner
Villiam Shoemaker
C. W. Yaple . .
Wm. H. Brommer
Jeremiah Trash .
Lewis Frederick .
A. J. Minnick-. .
Abraham Hetler .
Samuel B. VanHom
Edward Henry
William Else .
;^i
iackson Tp.
enkins Tp.
Kingston.
Kingston Tp.
Lehman Tp.
Luzerne.
n
Nanticoke.
Nescopeck Tp.
Newport Tp.
Parsons.
Pitts ton.
Pleasant Valky.
Plaiiu Tp.
Plymouth.
Plymouth Tp.
Salem Tp.
Shickshinny.
SttgarloafTp.
81
Digitized by VjjOOQIC
J. L. L .
. John T. Conway . .
. Evan T. Jones . .
. Sugar Notch.
Hahn .
. . . Peter Warker . . . .
Eighth Ward.
Plumb. . .
**
<(
... P. Weiss
"
. Minor Benscoier . .
. Union Tp.
J. T. L
Darte .
. . .JohnAUe*
. . . Thomas D. Thomas .
'•
Famham .
. Clara Halfpenny . .
. West Pittston.
"
Halsey . .
. Samuel Altemus . .
. White Haven.
Mahon
. . . Patrick CuUcn . . .
Ninth Ward.
«« . .
. Lydia A. Driggs . .
. Theo. Runke . . .
«'
Robinson . . F. C. Bressler . . . .
"
««
(«
McL. &J . .B. H.Brodhun . . .
Tenlh Ward.
C. &S ','.
. Chas. A. Shumaker
•«
E. A. L
... A. Kline
**
Hahn . . .
. Nicholas Hildebrand
*. Wright Tp.
Rhone .
. . . Lewis Greismer . . .
Eleventh Ward.
•'
. Gusuv Wech . . .
•*
Bennett
. . . Nicholas Miller . . .
*'
O'Neill' .' .*
. Thomas Caffrcy . .
. Wilkes-BarrcTp
*<
. . . Valentine Schuler . .
*•
** , .
. Ann Kane
•*
Hahn .
. . . Leopold Stori . . .
•*
. P. J. Foley ....
"
H.&McG. .Henry Weiss . . . .
McL. &J . .Conrad Jacobs. . .
'/.
H.&McG.
. Jofifl Br.idy ....
. Wrii P Gardner .
. First Ward.
"
. . Frederick Ittig . .
"
O'Neill . .
*•
B.&N
. . . Louis Creter ....
. Twdfth Ward.
Robin&on .
. Mirtin Ktiigcter . .
.Second Ward.
. . . Rosina Goekel . . .
*•
J.L. . . .
.A. J.Lcwli . . ,
Martin
. . . H. W. Connor . . .
Thirteenth Wd.
. Joseph ZcHfUer . . *
**
Hahn .
. . . John Hochrdter . .
••
Cannon . .
. " ob« Mundy ♦ , .
«*
Mahon
. . . Jacob Guttendorf .
"
Bauman . .
.; . S ZImheJl . . ,
*'
Gibbons . . . T. J. Gallagher . .
"
Campbell .
.' ohfiSuiier , . . .
**
J. L. .
. . . Patrick Corrigan .
*'
Strauss . .
.CarulLiiL- BauacK. .
. Third Ward.
I.L. L
. . . Thomas Devaney .
. Fourteenth Wd.
Hahn . . .
.Jo ■' I ■ . kcr . , , .
"
H. h McG . . Jacob Schwab ...
McL. & J . . C. L. Kleemans . .
**
J. T. L . .
McL.&J .
.Jo n . . , »
tt
"
. Wuimiii Murphy .
**
Banks
. . . Michael Gibbons .
"
J. L. L . .
Kulp . . .
. H. H. Webb . . .
tt
. . . A. F. Farr
. Fifteenth Ward
. S. Bristol
'. Fourth Ward.
McL. & J . . Jacob Kocher . . .
••
Bulkeley .
. J. M. Courtrighi . .
. Wm E. Farrell . .
••
Espy
. . . M. Rottman ....
•*
««
•«
Hakes
. . . John C. White . .
. . . John Evcland . . .
•*
Miller . . .'
. W. J. McLaughlin .
] •*
Hahn .
"
J. L. L . .
B. &N . .
. Jacob Reuffer . . .
"
RESTAURANTS.
. John W. Staats . .
. Thomas Trcmbath .
•♦
Hines
. . . E. Doney
. . . Wm. F. Imlay . . .
. Ashley.
Hines . . .
**
««
'•
Espy. Mahon Philip Moyer . . .
**
<(
. . . James McTigue . .
sU . . Peter Murphy . . .
"
Mahon . .
. William Dettmar .
. Fifth Ward.
Campb<
««
'* . ,
. Adam Price ....
**
Plumb
. . . C. B. Stivers . . .
"
•«
. William Zimhelt .
«•
H.&McG. . Frank Koons . . .
••
«<
. F. J. Niemeyer . .
. P. J. Gallagher . .
««
Halsey
. . . John O'Dea ....
. Denison Tp;
'•
•«
Koon
. . . John Toohey . . .
. . . John Melville . . .
. Exeter Tp.
«* . .
. Samuel Geissinger .
•*
"
*•
Robinson .
. Frank Flosser . . .
"
. FreeUnd.
. G. A. Krothe . . .
♦•
. . . James Givens . . .
'*
Bulkeley '.
. Moses Vancampen .
*«
McManus . . John Brislin ....
••
McL. &J .
Campbell .
. Chas. T. Howard .
•*
««
. . , ^ohn Brown ....
•'
. Andreas Mutter . .
•«
'•
. . [ oseph Davis . . .
*«
Miller . . .
. Julia A. Shearer . .
Jacob Schmidt . . .
'•
••
. . Manus Brennan . .
••
Cannon . .
«•
Kline
. . . Elizabeth Weigand
. . . John M. Powell . .
. . . Patrick Quinn . . .
««
O'Neill . .
. Aaron Whitaker . .
'•
Hayes
••
. W. C. Hanna . . .
••
•«
Jones . . .
. leanette Williams .
. Stephen Reese . . .
*•
**
. . . John Rush ....
"
»«
"
. . . ' [ohn Rugeos . . .
. . .;iohn Shiko ....
•*
Hakes*. '.
. Geo W. Mabey . .
'•
"
•*
Famham .
. Tames Gallagher . .
. Michael Meenan . .
. Sixth Ward.
"
. . . Rudolph Ludwig .
, •«
Mahon . .
*♦
**
. . . David Kear ....
•*
I.T. L . .
McGahren >
. Peter Harvey . . .
*«
««
. . . Stephen Dresher .
. . . C. Bctrler ... .
•«
Bcnj. Dilley . . .
*. Seventh Ward.
Hines
. Hanover Tp.
Robinson .
. John L. Raeder . .
. Peter Schappert . .
. Edward Harley . .
"
H.&M
cG . . D. Higgins ....
"
McL. &J .
*•
••
. . Thomas Powell . .
•*
E. A. L . .
"
E.A.I
. . . . Henry Watkins . .
"
J. T. L . .
Burke . . .
. P. Kleeman & Bro .
"
Hakes
. . . . William Jones, Jr .
. . . John Bechtold . . .
"
. A. Lindacher . . .
"
Koon
. HughestowiK
Raeder . .
. John Raeder . . .
. ««
•«
. . . . ames Brown . . .
*•
H.&McG.
. no. S. Elev. . . .
. Henry D. Higgins .
**
•♦
. . . . E. Rickert ....
**
O'Neill . .
• «
((
. . . Thomas Mttcbell .
•«
Famham .
. George Dearie . . .
*•
«•
*•
Darlings. .
. Francis R. Surk .
'♦
McMai
lus . . Charies AltmiUer .
. Hazletoo.
Osbome . .
.Jacob Becker . . .
. Ivor Davis ....
. Eighth Ward.
«*
. . R. Crammer . . .
**
Jooes . . .
"
*♦
. . John Glanceouft . .
. . C. Lahn
•*
. William Evans . .
n
'•
••
Famham .
. William B. Evans .
««
«♦
. . James McFariand .
••
Robinson .
. Andrew Ebert . . .
•*
«•
. . John F. Meikrants .
••
. Philip Furstenfeld .
••
"
. . William Berger . .
. . Jacob Schmidt . . .
. . Neil McMooigal . .
«•
*•
. A. Grosser . . . .
**
••
**
««
. Baltzer Hdfrick . .
••
••
'•
*•
. John J. Hummel .
•*
*•
. . Bernard McGuire .
«*
•«
«'
««
. . Jacob Smidt. . . .
. . William Rhemhart
«•
*t
. E C. Wasser . . .
««
««
•»
n
. Herman Zeterburg .
. C. S. FowJer . . .
(•
Kline
. . . . Fred Berger ....
<•
**
"
. . . . J. F. Fisher ....
. . . . Elizabeth Keunhold
«•
**
. George Mahle . . .
. Charles Gable . . .
*'
«•
•*
Martin .
«•
•«
. . . . Frank McGinty . .
••
. G. W. Leas ... .
"
««
. . . . Bernard Paul . . .
••
. Charles Saeger . .
"
••
. . . . Fred Schaar ....
••
82
Digitized by VjjOOQIC
KliM
Gorman .
Ifartin
MahoQ
Famham
Hahn .
OTJdU
J.T. L
H.&McG.
B.ftW
Joiws .
CampbcD
IT. L
H.&McG.
D.&A
Kooa .
I. L. L
Nosier
Hincs .
.1)
Hahn
Plumb
Pinmb.
Magee.
Martin
Chapin
Jc»es
Okborne .
H.&McG.
Plumb.
E.A. L ,
Jones .
Uaboo
(TNeiU
J. L. L
J. L. L
Moaicr
Christian Schneider
Adam Smauch .
Martin Specht .
Martin Wendel
Mn.W. I. Williams
John Wolfram .
John Kohlhaas
Catharine M. Hebel
Henry Knoth . .
Justus Schmidt .
Anna M. Boddin .
iohn G. Koehler
Irs. Henry Fey .
iacob Drumtra .
). C. Bovle . . .
Neal McGinty . .
Charles Widenbach
^ohn O'Donnell .
ohn McGinty . .
)wen Holland . .
Edward Meginnis
John BaJcher . .
Barbara Keller .
John Palmer . .
David Culver . .
Dora Sherry . . .
Charies G. Banta
William J. Stephens
David Thomas .
Patrick Ratchford
Hugh Boyle . . .
Michael Fariey .
Robert Clayson .
Edward T. Jones,
Michael Delaney
John Nales . . .
Peter L. Carey .
John Corcoran . .
Frank Dagnan . .
Francis Paueykoske
Michael CliiTord
A. Dropiewskie
Mary Croski . .
W. Heiduckiewiecs
John Siadt . . .
Piotr Sztukowski
Wm. H. James .
Peter Suckowlcki
Alfred Evans . .
George Williams .
Henry Harvey .
Thomas McGuire
John Reagan . .
Joseph Hughes .
John O* Brien . .
Jane James . . .
George P. Miller .
George Segar . .
Patrick Shea . .
John Bowman . .
Thos. J. Evans .
Patrick Golden .
James Kenney .
Thomas Cusick .
Anthony Boot . .
Pctet Finley . . .
John Hauser . .
John Llewellyn .
Jacob Pfingsten .
John Fagan . . .
IHiniel Howell
Vincent Blazys .
O. J. Nicholas .
Edward Gallagher
Charles ReiUy . .
Albert Sutter . .
Edward Bolin . .
ames Jordan . .
ames James . .
rhomas Tisue . .
Leo Dorbath . .
Genevieve Gets .
Wm. J. Jenkins .
WUliamRowe. .
. Jam(
. Jami
. Thoi
Hazleton.
Jenkins To.
Kingston Tp.
Luzerne.
If
«<
MarcyTp.
It
Nanticoke.
Nescopeck Tp.
Newport Tp.
Parsons.
Pittston.
Raeder . .
Mosier . .
H.&McG.
Brundage
Bauman
J. T. L
Nichols
Koon .
O'Neill
Koon .
J. T. L
Mahon
Campbell
Famnam
J. T. L .
H.&McG.
Plumb .
Jones
Bulkeley
Strauss
Moore.
Mahon
Shonk .
Can
L. L
nnon
Magee
McXlamey
Farnham
Robinson
Magee
C. &S
J.L.
Jones
Kyman
Shonk
E. A. L
Famham
McAlamey
H.&McG.
Brundage .
J. L. L . .
. Amz! Myers . . .
. A. Richard . . .
. Jjohn Connell . .
. Patrick Connell .
. P. J. Duffy . . .
.P.T.Daley . . .
. S. Sturmer . . .
. Chas. H. Smith .
. James Gibbons
. Patrick McNally
. Bernard McKone
. John RIker . . .
. Thomas Lyons .
. Patrick Sheridan
. Michael Brown .
. Charies A. Zeigler
. Arthur Davidson
. Michael Dempsey
. M.Whealon. . .
. Michael Reap . .
. William Keating .
iohn Walsh . . .
f ichael Lawler .
.Tim Allen. . . .
. David Aston . . .
. Michael Coffield .
. Riley & Ruddy .
. M. H. Ruddv . .
. Patrick Corrfgan
. Mary O'Malley .
. Peter Hines . . .
. 'i'homas W. Lewis
. William Morris .
. Thomas Morpeth
. George Fcnton . .
. Moses Griffiths .
. William Tasker .
. Henry Merrilt . .
. William Wright .
. Patrick Clune . .
. George Blakey . .
. Florence Shewan
. John W. Thomas
. James Connell . .
. John Thomas . .
. John Bryson . .
. A. F. Buiibach .
. Thomas Clark . .
. B. J. Gallagher .
. Edward Geaton .
. Samuel Haycock
. Mira Johns . . .
. Sarah Martin
.M.J. Reddington
. Timothy lliomas
. John M. Thomas ,
. VsLvid T. Williams
. John Hlowak . .
. Anthony Bendrift
. John May ....
. Alfred Munda . .
Joseph Harris . .
Martin Wilkes .
ohn Larwouth .
ohn O. Jones . .
H Monk . . .
Brennan . . .
ichael Morrisey
William Gillespie
Edward Collett .
'ames Curry . ,
- C. RusseU . .
Owen Doyle . . .
William Hatchwell
H. Hildreth .
ames Reese . .
ohn Brennen , .
. McGroarty . .
Thomas Walsh .
James Coughlin .
William Dailey .
Michael Kelly . .
Aug. Rusemweaver
John J. McAndrew
i
.Mi
:fc
. w
Pittston.
Pittston Tp.
Pleasant Valley.
Plains Tp.
Plymouth.
Plymouth Tp.
Sugarioaf Tp.
Sugar Notch.
83
Digitized by VjjOOQIC
Plumb .
Martin
E. A. L .
Halsey
J. L. L
Halsey
Hines .
Campbell
O'Neill .
McL. &J
Brundage
J. L. L .
Hahn . .
O'Neill .
Bulkeley
Robinson
Mahon .
Hahn . .
Strauss .
J. T. L .
Buikeley*
Robinson
Hahn . .
McGahren
J T. L .
Hahn . .
Robinson
Parnham
Landmesser
McManus
H.&McG
C. &S .
Mahon
Kidder .
Bennett .
Hahn . .
McL. &J
H. & McG
H.&McG
Gibbons .
O'Neill .
J. T. L .
Brundage
Halsey
Hayes .
Gorman ,
Hayes .
H. & McG
Gorman
Wright
. Michael Farrell .
. CondyO'Donnell
. Daniel Phillips
. John Elliott . .
. Tames O'Brien
. Thomas Roach
. Rose Sheridan .
. Dennis Dkian .
. Otto Feist . . .
. Henry Kaiser .
. lohn Kern . .
. Martin Lavelle
. Philip Stempel
. John Trimble .
. John Lavelle
.John Kelly . .
WILKBS-BARRB.
. Charles Werner
. August Unger
. Frank Albert .
. Anna Fluegle .
. Edward Ncvin
. William Blase .
. John J. Edwards
. Kate Swartman ,
. Leo Geissler . .
. H. Newcomb .
. Leon Buchli . .
. Robert Krieg .
. Charies Diehl .
Kern
Morgan D. Jones
. Jonah Davis . .
.M.J. Kingsley
. A. Turkes, Jr .
. George Schaller
. Ellen Hughes .
.M.J. Lynch .
. John Becker . .
. T , J. Flanigan .
. Adam Mueller .
. Adam Turkes, Sr
. Maiser & Meehan
. Ed. Gunster . , .
. John Davis . . .
. Michael Klein . .
. Peier McManus .
. James Fox . . .
, Thomas McKenna
. Wendell Snyder .
. Leopold Keiper .
. John Schmidt . .
. retcr Stump . . .
. Fred Itiig . * . .
. Henry Weiss . .
. Watkins Gettins .
. William Smith . .
. Elizabeth Knelky
. Patrick Quillen .
. Lewis T. Davis .
. Fred Smith . . .
,„.BY THE QUART.
, William Surtees . .
. Patrick Dougherty
. Hugh McMenamin
. Patrick Burke . .
. Hugh Gallagher .
.T. Campbell. . .
, Raphael Depicnro
. Oliver Plunkett .
. John W. Boyle .
. Peter Dershuck .
. Patrick Dougherty
. Jacob Fechter . .
. Peter Kennedy .
. John B. Cannon .
. D. J. McElleny .
. Charies F. Held .
. James O'Donnell
. Wm. J. Widfbor
. Morris Ferry . .
. Patrick Burke . .
. Ncal McGeeghan
. A. Slowauky & Bro
Sugar Notch. McManus
White Haven.
Wright Tp.
Wilkes-BarrcTp
First Ward.
Second Ward.
Fourth Ward.
Fifth Ward.
Sixth Ward.
Seventh Ward.
Eighth Ward.
Ninth Ward.
Eleventh Ward.
Thirteenth Wd.
Fourteenth Wd.
Fifteenth Ward.
Exeter Tp.
Foster Tp.
Freeland.
Hanover Tp.
Harieton.
84
Kline
Gorman
E. A. L
H. & McG
Mahon
Osborne
J.T. L
Plumb .
Jones .
Chapin
Mahon
T. T. L
Mosier
Hand .
Burke .
Mosier
Koon .
O'NeiU
I.T. L
Magee
Reynolds
Shonk .
J. T. L
O'Neill
McL. & J
C.&S
Mahon .
Halsey .
Campbell
O'Neill
J. L. L
J.T. L
Hahn .
C.&S
Butler .
O'Neill
I.T. L
McManus
Hahn . .
Campbell
O'NeiU .
Osborne .
McL. & J
Robinson
H.&McG
F. &B .
J. T, L .
E. A. L .
Campbell
Gibbons .
McL. &J
O'NeiU .
Taylor '.
J.T. L .
Frank BamhUl . .
Condy Byrne . . .
George Zierdt . . .
Patrick McCarron .
Patrick McCoy . .
Thomas Campbell .
Muhl & Graaf . . .
Charles McCarren .
John Hausman . . .
William Bettenhausen
Patrick Gallagher .
Michael Mc£>onough
Thomas O'Malley .
John F. Hogan
James McQuade
James Kennedy
Robert Schwaru
G. R. Snyder .
Wash. L. Noble
Golden & Walsh
Thomas Kelly
"ohn H. Thomas
ohn Cawley
rl. A. Be van
Oliver Burke
Thomas Granahan .
ohn J. Roberts . .
irady & McCormick
iohn Mayock . . .
lichael Mayock
Thomas McuonneU
Wm. T. Merrick .
Patrick A. Beatty .
Freem^ & Stcmdler
Emma Edwards . .
H. L Davenport . .
Ira Davenport . . .
John R. Lynch . .
Fred Schwartz & Bro.
Patrick Moran . .
Michael McGough .
Patrick Carney . .
James McAnany
John Sweeny . . .
John R. Edwards .
Patrick Quinn . . .
Edward McGinnes .
William Comber . .
WlLKBS-BARRB,
T. F. Sheridan . .
C. Burke
James Markcy . .
Frances Ramsay . ,
John CuUen . . . ,
Sarah Meehan . . ,
Bernard C. WiUiamson
ohn Jennings . .
^'ohn Walsh . . .
Anna Baldes . . .
C. Rosenbluth . .
John D. Birmingham
T. S. & W. S. Hillard
O' Boyle & McGreevy
'ohn A. Merrick .
im McManus .
:l
Hazleton.
Hazle Tp.
Kingston.
Kingston Tp.
Marcy Tp.
Nanticoke.
Parsons.
Pleasant Valley .
Pittston.
Plains Tp.
Plymouth.
Plymouth Tp,
White Haven.
First Ward.
Second Ward.
Third Ward.
Fourth Ward.
Fifth Ward.
Sixth Ward.
.Til
. Ig Freeman .
. Peter McGourty . . . Seventh Ward.
. Thos. F. Sheridan . . **
. John Mahon ey . . . Eighth Ward
. L. J. Fcwel & Co
. James \lcCaUoch
. Owen O'NeiU . .
. John M. Caflrey, Agt.
. Geo. M. Orr. . . . .
. Henry Luft Tenth Ward.
. Patrick McGrath . . Eleventh Ward
. Michael Reading
. John Kearney .... Thirteenth Wd.
. Patrick McCaffray . . Fourteenth Wd.
. Daniel McDade . .
. Patrick QuUlcn . .
. Daniel O'Donnell .
. Michael Monagfaan
L. kTsTRENG, Oerk Q. S
Digitized by VjjOOQIC
ALSO the followrag applications on Monday, April at a comer of lot So. ji on Chestnut street, thcncr
30th, 1883
Hayes. . .
Hines . . .
Uayo. . .
Kline . . .
Hayes. . .
Hahn . . .
McAlarney
Powell . .
O'NeiU . .
Gales . . .
O'NciU . .
J. L. L . ,
O'NciU . .
Taylor . .
Campbell .
Farnham .
14-16
HOTEL.
. John L. Jones . . . .
. Arthur Feathersion
RESTAURANTS.
. Catharine Wassner . ,
. James Sharpe . . . .
. Jacob Schneider . . .
. Denis Boyle
. Ludwig Michalowski ,
. Thomas Brcnnan . .
. W. A. Wagner . . .
. William Lawier . . .
. David Richards . . .
. Thomas Keats . . . ,
. Thomas Bums . . . ,
. P. B. Brehony . . . .
. William Leslie . . . .
. James Wallace . . ,
^^yjHE QUART.
, Frecland.
. Wilkes-Barre.
Frceland.
.W.
Hazleton.
Nanticoke.
Plymouth Tp.
Parsons.
Pittstoa Tp.
Pittston.
Pleasant Valley.
Wilkes-Barre Tp
Wilkes-Barre.
Kingston Tp.
L. K. STRENG, Clerk Q. S.
east by said lot No. 7a, 150 feet to an alley, thence
south oy said alley 50 feet to a corner of lot No. 74,
1 thence west by said lot No. 74 to said Chestnut street,
and thence north by said Chestnut street to the place
of beginning, containing 7,500 square feet, more or
less, with a two-story frame dwelling hou.se thereon.
' 3 All that lot of ground distinguished on the plot of
Efias Smith and Henry CroU as lot No. 43, beginning
at Penn street, thence north along said street 50 feet
I front, thence west along Falls street 150 feet, thence
south by an alley 50 feet, thence east along lot No. 43
150 feet to the place o< beginning, conuining 7,500
square feet, more or less, with a two-story frame dwell-
ing house thereon.
Tbrms of Salb — 20 per cent down, 30 per cent to
be paid on confirmation of sale, and the balance in one
year from confirmation of sale ; to be secured on the
premises, with interest from confirmation.
STEPHEN TURNBACK,
ALEXANDER FARNHAM, Executor.
, Attorney. »5-t7
SHERIFF'S SALE.
The following property will be sold by the
Sheriff, Wm.O'Mallcy, at the Arbitration room. Court
House, in the city of Wilkes-Barre, on Tuesday, May
I, 1883, *' 10 o'clock A. M., vir. :
Suit of Ella G. Turner v. John Ncalon.
161 May term, 1883. Debt, $3,146.16. Fi. fa. 55
May term, 1883. E. P. & J. V. Dariing, ) . ,,. ^
A. J. Dietrick, j^Aitys.
A lot of land in the borough of Plymouth, bounded
on the south by Main street, on the west by lands of
Samuel Snyder, on the north by an alley, and on the
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute fund in the hands of the Executors of the estate
of Hcndrick B. Wright, Trustee of the esute of A. N.
Meylert, will attend to the duties of his appointment,
at his office, in the city of Wilkcs-Barrc, on Saturday,
May 5, 1883, at 10 o'clock A. M., when and where all
parties interested are hereby notified to appear.
.GEORGE R. BEDFORD^
15-18 Auditor.
east by lands of' James Lee, being 2a feet in front, and A UDITOR.'S NOTICE. ...
148 feet in depth, containing 3,340 square feet of land, f^ ^}% undersigned, an Auditor, appointed by the
improved by a cellar and wall erected thereon. 15-17
ORPHANS' COURT SALE.
Estate of Job Kocher, dec'd. By virtue of an
order of the Orphans' Court of Luzerne county, the
nndenigned will sell at public sale, at Yaple's Hotel,
in the borough of Shickshinny, on Friday, May 4th,
tSS^, at II o'clock A. M., the following piece of land
io Salem township, commencing on the northwest side
of the Lackawanna and Bioomsburg Railroad, where
Rocky Run passes under said railroad, and running 10
perches, thence 16 perches, tbence 12 perches, thence
12 perches, thence 16 perches, thence 4 perches to a
post and stones, the beginning of land belonging to
job Kocher, which is divided as follows : thence ^om
t mentioned corner 40 perches to a stump and stones
Court of Common Pleas of Luzerne county to marshal
the liens against the real estate of Daniel Hinkle, will
attend to the duties of his appointment, at his office,
in the city of Wilkes-Barre, on Thursday, May 3, 1883,
at 10 o'clock A. M., when and where all parties inter-
ested are hereby notified to appear.
JOHN B. REYNOLDS.
14-17 Auditor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 23, January term, 1883. Libel in divorce a vin-
culo matrimonii. Emma Stevens, by her next friend,
John Pagsley, v. Alexander A. Stevens. The alias
subpoena in the above case having been returned non
est inventus, you, the said Alexander A. Stevens, are
comer, thence 40 perched to a rock oak cofner, thence hereby notified to appear at said court, on Monday,
4open!hcs toastakcandstoncscomer8feetfromhighl»*»« «4»h day of May, 1883, a 10 o clock A. M., to
ledge of rocks, tbence 40 perches to the place of begin-
ning, containing 10 acres of land ; improved, wim a
frame dweUin|; house and outbuildings thereon.
Tbxms of Salb— f 100 cown on day of sale, and the
balance on the confirmation of the sale.
REUBEN GODSHALL,
ISAAC P. HAND, Executor.
Attorney. i5->7
answer the complaint therein filed.
WILLIAM O'MALLEY,
D. M. JONES, Sheriff.
Solicitor. 13-16
ORPHANS' COURT SALE.
Estate of John Fry, deceased. By virtue of an
order of the Orphans' Court of Luzerne county, the
undersigned will expose at public sale, at the hotel of
ioel Martin, in Falls Run. Black Creek township, on
'riday. May 4, 1883, at 10 o'clock A. M., the follow-
ing described real estate in said village of Falls Run :
I All that lot of ground distinguished on the plot
of Elias Smith and Henry CroU as lot No. 72, begin-
ning at southeast comer of Chestnut and Falls streets,
thence east by Falls street 150 feet to an alley, south
50 feet to comer of lot No. 73, thence east by lot No. 73
J ALTON DAVIS,
• a member of the Bar of Lackawanna county,
will apply for admission on April 18, 1883, to prac-
tice as an attorney m the several courts of the county
of Luzerne. 13-15
NOTICE IS HEREBY GIVEN THAT AN
application will be made H> the Governor of the
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitled "An Act to provide
for the incorporation and regulation of certain corpora-
tion." approved April 29th, 1874, and the supplements
thereto, for the charter of an intended corporation, to
be called '* The Kingston Water Company," the char-
acter and object whereof is the supply of pure water
..,. ., ,^ to the borough of Kingston and parts of the adjoining
150 leet to Chestnut street, thence by said Chestnut ' townships ^ Kingston and Plymouth, in Luzerne
street north 50 feet to the place of beginning, contain-! county, Pennsylvania, and for these purposes to have.
**>K 7>Soo square feet, more or less, with a i^-story
ftame dwelling house thereon.
2. All that lot of land distinguished on the plot of
Elias Smith and Henry CroU as lot No. 73, beginning
possess, and eniov all the rights, benefits, and privil-
eges of the said Act of Assembly and its supplements.
CHARLES D. FOSI'eR,
15-17 Solicitor.
85
Digitized by VjjOOQIC
ESTATE OF JOSEPH WHIPP, LATE OFi T7STATE OF ANN WILLIAMS, LATE OF
Exeter townsnip, deceased. | Hj Plymouth, deceased.
Letters testamentary upon the above named estate. Letters testamentary upon the above named estate
having been granted to the undersigned, all persons ! having been granted to the undersigned, all perM>ns
having claims against the same will present them duly; having claims against the same will present tnem for
authenticated for payment, and those indebted thereto, payment, and those indebted thereto will please make
will please make payment to 1 immediate payment to
WM. H. WHIPP, I RICHARD J WILLIAMS.
HANNAH WHIPP, Iii-i6 Executor.
PALMER, DEWriT & FULLER, Executors. | ■
13-18 Attorneys.
ESTATE OF JULIA ROBERTS, LATE OF
Hughestown, deceased.
I T7STATE OF MARY E.MACCARTNEY.LATE
lit of Salem township, deceased.
Letters of administration upon the above named
^ , , . . . . , . estate having been granted to the undersigned, all
Letters of administration upon the above named ^^ having claims acainst the same will present
esutchavingbeen granted to the undersigned, all per-' them for payment, and those indebted thereto will
sons having claims against the same will present them |^,^ ^j^ke immediate payment to
for payment, and those indebted thereto will please C. B. JACKSON
make immediate payment to
ALFRED P. HOUSE.
FRANCIS H. CHIVERS,
F. C MOSIER, , Administrators
Attorney. 12-X7
11-16
Administrator c. t. a
. d. \). I
ESTATE OF WILLIAM MINNICH, LATfc OF
Sugarloaf township, deceased.
_ _. Letters testamentary upon the above named estate
j having been granted to the undersigned, ail persons
ESTATE OF DANIEL JONES, LATE OF THE having claims against the same will present them for
borough of West Pitt&ton, deceased. I payment, and those indebted thereto will please make
Letters ot administration upon the above named immediate payment to
esute having been granted to the undersigned, all per- 1 ANN ELIZA MINNICH,
sons having claims against the same will present them'1015 Executrix.
for payment, and those indebted thereto will pleasei _ _ __ _
make immediate payment to „-,„„ TESTATE OF JOHN HENRY, LATE OF THE
I A w M w M I M MO -*-' township of^Nescopeck , deceased .
i-i?*^ c ppDDic -^ a\iJT' t: » » ^'k „ Letters of administration upon the above named
GEO. S. FERRIS, Adm rs c. t. a. d. b. n. Instate having been granted to the undersigned, all per.
_ r^^I- "_***"* having claims against the same will present them
ifor payment, and those indebted thereto will plea«^
ESTATE OF THOMAS W. JONES, LATE OF, make immediate payment to , .^,,^rkM
Hanover township, deceased. 1 #; C IJ. JAL-KbUN,
Letters of administration upon the above named '»->^ Administrator,
estate having been granted to the undersigned, alt per-j —
sons having claims against the same will present them r? STATE OF ELLEN MADDEN, LATE OF
for payment, and those indebted thereto will please j H
make immediate payment to
REESE J^ JON ES, | estate having been granted to the undersigned, all ^er-
_ Pittston township, deceased.
Letters of administration upon the above named
G. H. R. PLUMB.
Attorney.
JANE JON
Administrators
sons having claims against the same will present thci
for payment, and those indebted thereto will please
1015'make immediate payment to
EDWARD GILLORAN,
PSTATE OFJAMES DOLAN, LATE OF THE|'^\9_ Administrator.
Utte.^'^t^is'L*^^^^ above namedl p STATE OF REBECCA PETERS, LATE OF
esute having been granted to the undersigned, all per- -L' Hollenback township, deceased,
sons having claims against the same will present themi Letters of administration upon the above named
for payment, and those indebted thereto wiK please esute having been granted t^ the undersigned, all per-
— 1.- r j: ._ sons having claims against the same wiU present tnem
make immediate payment to
PHILIP McANIFF.
M. CANNON, Executor.
Attorney. 10-15
for payment, and those indebted thereto will please
make immediate payment to
DANIEL BLOSS,
J. T. LENAHAN, Administrator.
Attorney. xa-17
ESTATE OF MARY E. PETERS. LATE OF
Hollenback township, deceased.
Letters of administration upon the above named
ESTATE OF EDGAR GREEN, LATE OF THE
township of Franklin, deceased.
Letters tesumenury upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same wiU present them \ ^- ^^ having been granted to tfee undersigned, all ptt^
for payment, and those Indebted thereto will please sons having claims against the same will present them
make immediate payment to - " • • »-.....—
ISAAC SUTTON,
PALMER, DEWITT & FULLER, Executor.
to-15 Attorney.
ESTATE OF JOSEPH STACKHOUSE, LATE
of Shickshinny, deceased.
Letters tesumenury upon the above named esute
having been granted to the undersigned, all persons
for payment, and those indebted thereto will please
make immediate payment to
: payment
J. T. LENAHAN,
Attorney.
DANIEL BLOSS,
Administrator,
xa-r;
ESTATE OF ELIZA BOWERS, LATE OF
Wyoming, Kingston township, deceased.
. „ „ „ , f Letters tesumenury upon the above named estate
having claims against the same will present them fori having been granted to the undersigned, all persons
f>ayment, and those indebted thereto will please make having claims against the same will present them for
mmediate payment to | payment, and those indebted thereto will please make
JOHN W. CHAPIN, 1 immediate payment to
I. P. HAND, Executor. WILLIAM HANCOCK,
Attorney. 9-1418-14 Executor.
86
R
Digitized by VjjOOQIC
NOTICE IS HEREBY GIVEN THAT AN
ajppltcation will be made to one of the Judges
of the Court of Common Pleas of Luzerne county.
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
clon of certain corporations," approved April 29, 1874,
and the supplements thereto, on Monday, May 14th,
1883, at 10 o'clock A.M., for the charter of an intended
corporation, to be called "The Welsh Calvanistic
Methodist or Presbyterian Church,'* of Ashley, the
character and objects of which are to purchase lands
and erect buildings for the support of public worship.
W. H. lilNES,
'4-i6 Solidtor.
VfOTICE IS HEREBY GIVEN THAT AN
ESTATE OF GEORGE SMILNUK, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ANDREW BERKLEY.
B. McMANUS, Administrator.
Attorney. 12-17
ESTATE OF JASPER B. STARK. LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present th^m
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of As-nem-
bly.enuued "An Act for the incorporation and regula-
tioa of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
mion of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-'
make immediate payment to
FRANCIS R. STARK,
E. P. & J. V. DARLING, Administratrix.
Attorneys. 9-14
IN application will be made to one of Judges of the ^^U"? S!^"ii^li!!^'„»"«*^***^ ^"^"^^^ "^"^ ^^^^
Onn of Common Pleas of Luzerne county, under the
provisions of the Act of Assemblv, entitled "An Act to
provide for the incorporation and regulation of certain
corporations," approved April 20th, 1874. and the sup-
plements thereto, on Mondav, May 14th, 188^, for the
incorporation of an intended corporation, to be called
•'The Evangelical Protestant Church," of Nanticoke,
the character and objects of which arc for the support
of public worship.
W. H. HINES.
M-16 Solicitor.
ESTATE OF JOHN MANGAN, LATE OF
Fittston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
THOMAS MANGAN,
F. C. MOSIER, Administrator.
Attorney. 9-14
ESTATE OF JOHN ORR, LATE OF FOSTER
township, deceased.
..-^>.^ ^ — ..^ »««*«. »^ .vw.*^« ... w.^ »w.- Letters tesuimentary upon the above named estate
oih^N^nticike.Luierlirc^n'i^.'Pa.Tilie'ihilraci'cr ha^jng *>««;" granted to the undersigned, aU persons
and objects of which are the carrying on the general 'having claims against the same will present them for
business of banking as a bank of deposit and discount. iPay">«nl» an^ those indebted thereto will please make
W. H. HINES,
Solicitor.
immediate payment to
ELIZABETH A. POLLOCK,
9-14 Executrix.
TN RE ESTATE OF AUGUST STEPHENS,
1 deceased. In pursuance of a citation issued by
ibe Register of Wills of Luzerne county, on April 5th,
1883, at my instance, notice is hereby given to the
heirs and legal representatives of August Stephens,
bte of the borough of Plymouth, deceased, to appear
before the Roister of Wills aforesaid, at his office, in
Wilkes-Barre, on Thursday. 19th inst., at 10 A.M.,,
uid take out letters of administration on said estate.'
or show cause why such letters shall not be granted
to the petitioner.
14-15 JOSIAH W. ENO.
IN THE COURT OF COMMON PLEAS OFJ
Luzerne county. In Re ''etition of Magdalena
Brebm to be declared a feme sole trader under the Act
of Assembly, approved May 4, 1855. Now, March za,
1B83, <^ filing^ the within petition, the court being sat-
isfied of the justice and propriety of the application,
direct notice thereof to be given in the Luzerne Legal
Register for four successive weeks, and fix Monday,
the i6th day of April, 1883, as the time for granting
the within prayer of petitioner, and of making decree
as prayed for. Bt the Court.
MICHAEL CANNON,
11-14 Solicitor.
ESTATE of;ohn m. stackhouse, late
of Shickshinny, deceased.
J..etters of administration upon the above named
esute having been granted to the undersigned, all
persons having claims against the same will present
th.:m for payment, and those indebted thereto will
please make immediate payment to
JAMES POST,
I. P. HAND, Administrator.
Attorney. 9-14
ESTATE OF JOSHUA VINCENT, LATE OF
Exeter township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immeaiate payment to
SUSANNA VINCENT,
BENNETT & NICHOLS, Administratrix.
Attorneys. 14-19
ESTATE OF CHARITY PRINGLE, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
nake immediate payment to
McKnne'
14-19
JACOB G. PRINGLE, Adm'r,
1*8 P. O., Falls Twp., Wyoming Co.,
R. C. SHOEMAKER
Falls Twp^, Wjrpmlng Co., Pa.
Attorney.
CHAS. D. FOSTER,
Attorney at Law,
Wiucbs-Barrb, Pa.
W. 8. PARSONS,
AXDERBCAN,
Markbt Strbbt, Wilkbs-Barrb, Pa.
CALVIN WADHAM8,
Attorney at Law anb Notary Public,
Wilkbs-Basrb, Pa.
87
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol, XII. Friday, April 20, 1883. No. 16.
Copyright, 1883, by Geo. B. Kulp.
John Richards, of Pittston,is a native of Woodstock, Vermont,
where he was born August i6, 1830. He is a descendant of
Thomas Richards, a Puritan, as to whom almost nothing can be
gathered from the available records but his name. The exact
time of his birth, arrival, and death is uncertain. From the ages
of his children, and the *' advanced age" of his widow, in 1671,
he is supposed, however, to have been born about 1600-5. His
name does not occur on any record of Massachusetts or the
Plymouth colony. This, considering the generally complete state
of these records, makes it certain that he did not first settle at
Cambridge, but might have tarried some years at Weymouth,
and have afterwards joined Mr. Hooker, some of whose flock
first settled at Weymouth, and subsequently at Cambridge. He
was not of the one hundred original purchasers of Hartford, but
one of the sixty-two original settlers to whom "were granted
lotts, to have onely at the town's courtesie, with liberty to fetch
woode, and keep swine or cowes on the common." The vote
conferring the privilege passed February 10, 1639, when his wife
was a widow. It was no doubt intended as a legal security to
his heirs of what had been possessed by consent in his lifetime;
nor wa^ it then an uncommon use of a representative name. He
did not, probably, arrive at Hartford before 1637, and as he seems
to have made no improvements, and as no use of his name in
any record implies that he was alive even in 1638, he no doubt
died soon after his arrival, and probably with those who fell, in
1637, in the Pequod war.
John, son of Thomas, was born in 1631. He married Lydia
Stocking, and settled on the homestead in Hartford, where he
served as collector of a tax of ;{^io, ** appointed" by the town in
1655.
Digitized by VjjOOQIC
98 John Richards.
Thomas, Deacon, son of John, was born at Hartford in 1666.
He settled in the old homestead in Hartford, and was styled
**Mr." in I70i,and in 1693 was by a vote of the town allowed to
set a shop, which he was building, three feet in the highway. In
1701 he was chosen lister and ratemakerand chimney-viewer for
the south side of Little River, and in 17 13 grand-juryman. He
married October 1,1691, Mary, daughter of Deacon Benjamin
Parsons, of Springfield, and November 10, 1695, was with her
received to full communion in the church at Hartford. He died
April 9, 1749.
Thomas, son of Deacon Thomas, was born April 3, 1694, and
June 16, 17 17, married Abagail Turner, of Hartford. He resided
in Southington, Conn., but probably died east of the line, in
Wethersfield, Conn.
Samuel, M. D., son of Thomas, was born October 22, 1726, at
Hartford. When he was but one year of age his parents removed
from Hartford to Southington, where he was brought up on a
farm, with only the most scanty op[)ortunities for education. At
the age of eighteen years he joined the expedition to Cape
Breton, where, as a servant to a physician in the hospital estab-
lished for New England troops, he had free access to medical
books, and witnessed many operations and modes of treating dis-
ease. After his return he continued his medical studies and
observations, and eventually devoted himself to practice, and rose
to eminence in the profession. In December, 1747, he married
Lydia Buck, whose parents were from Scotland, where she was
born in April, 1725. Dr. Richards died November 10, 1793.
Samuel, Deacon, son of Dr. Samuel, was born September 17,
1753, at Canaan, Conn. Of his youthful history nothing is
remembered, but he is presumed, by some means, to having ob-
tained uncommon advantages for education. During the Revo-
lutionary war he served in the army as an ensign, was in several
battles, and at West Point at the capture and execution of Andre.
Before the close of the war he retired on half pay, and afterwards
received a pension, and was a member of the Cincinnati. He
settled in Farmington, Conn.; as a merchant, where he held the
office of post-master for thirty-one years, and did business as a
merchant until near the time of his death, which came to him at
Digitized by VjjOOQIC
John Richards. 99
the age of eighty-eight years. He often served in town offices,
and repeatedly represented Farmington in the Legislature of the
State, and was highly respected for his discernment, sound judg-
ment, probity, and responsibility. He married April 22, 1782,
Sarah Gridley, who died March 16, 179S, and his second wife,
Sarah Wells, April 27, 1796. She was the daughter of Jonathan
Wells, of Glastenbury, Conn., by his wife, Catharine Saltonstall,
and the granddaughter of Thomas Wells, and the great-grand-
daughter of Samuel Wells, and the great-great-granddaughter
of Thomas Wells, the emigrant. Mrs. Richards* mother was the
daughter of Roswell Saltonstall, of Branford, by his wife, Mary
(Haynes) Lord, the daughter of John Haynes, A. M., of Hartford,
and granddaughter of Rev. Joseph Haynes, A. M., of Hartford,
and great-granddaughter of John Haynes, Governor of Massa-
chusetts, 1635, and the first Governor of Connecticut, 1639.
Roswell Saltonstall was the son of Governor Gurdon Saltonstall,
of New London, who was the son of Col. Nathaniel Saltonstall,
of Haverhill, and grandson of Richard Saltonstall, of Ipswich,
and great-grandson of Sir Richard Saltonstall, embassador from
England to Holland. In a funeral sermon preached by President
Lord, of Dartmouth College, on the occasion of the death of
Rev. John Richards, D. D., the son of Samuel Richards, he used
the following language: " His father was an officer of the Revo-
lution, a good Christian, and an honest man. He was a deacon
of the church, held responsible offices in the General and State
Governments, and was a pattern of the civic and Christian virtues
of the old school, which has now nearly passed away. An intel-
ligent friend characterized him as the best specimen of the old
Puritan stock of New England that he had known. He com-
manded his children and his household after him to fear God."
Deacon Richards* only daughter by his second wife was Cornelia,
who married November 9, 1826, John Lord Butler, of Wilkes-
Barre, Pa., grandson of Colonel Zebulon Butler. Her daughter
Sarah is the wife of Hon. Stanley Woodward, of this city. Mr.
Richards died at Wilkes-Barre, December 31, 1841.
Rev. John Richards, D. D., the father of the subject of our
sketch, was the only son of Deacon Samuel by his second wife,
Sarah Wells. He was born March 14, 1797, at Farmington.
Digitized by VjjOOQIC
100 John Richards.
President Lord, in a discourse at his funeral, said: "At ihe age
of seventeen, being then a clerk in the neighboring city of Hart-
ford, and intended for mercantile pursuits, he came under the
ministry of the venerable Dr. Strong. He was greatly instructed
and moved by the preaching of that distinguished man. His
mind became profoundly engaged upon the great doctrines of the
gospel, and after many spiritual conflicts his heart was bowed to
Christ. Then he returned to Farmington, resolved upon a differ-
ent pursuit of life, and said with his characteristic, abrupt, and
unstudied air, 'Father, I want to study and to preach the gospel.*
Twas said and done. He became, in due time, a student at
Yale. During his junior year, being then more quickened in his
religious feelings, he made profession of his faith. He grad-
uated with honor in 1821; at the Theological Seminary, Andover,
Mass., in 1824; was then for one year an agent of the American
Board of Foreign Missions; from 1827 to 1 831 an honored
pastor at Woodstock, Vt.; then till 1837 an associate editor of
the Vermont Chronicle, and in 1 841 was installed as pastor of the
church at Dartmouth College." He married in June, 1828,
Emily Cowles, the sister of Hon. Thos. Cowles. of Farmington.
She was the daughter of Zenas Cowles, a merchant of Farming-
ton, who was the son of Solomon, who was the son of Isaac,
who was the son of Samuel, who was the son of John Coles,
one of the seven original members of the church at Farmington
at its foundation, October 13, 1652. Mr. Richards died March
29, 1859.
Mr. Richards, the subject of our sketch, graduated at Dartmouth
College in 1851. He studied law at Hartford, Conn., with John
Hooker and Hon. Joseph R. Hawley, and was admitted to the
bar of Hartford county in 1853. His health failing, he went in
the field with a corps of engineers, and remained for three years.
In 1856 he removed to Pittston, and was employed by his rela-
tives, John L. and Lord Butler, at their coal works in Pittston,
and in 1857 was supercargo of the first boat of coal shipped at the
opening of the extension of the North Branch Canal from Pittston
to Elmira, N. Y. He then entered the office of A. T. McClintock,
and was admitted to the bar of Luzerne county April 5, 1858.
He practiced law until 1863, when he became a private in Capt.
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John Richards. ioi
Stanley Woodward's company of Pennsylvania Volunteers. He
became sick, and was in the hospital at Chambersburg for some
considerable time, and has never fully recovered.
In 1870 Mr. Richards resumed the practice of his profession,
and ever since then has remained actively engaged thereat. He
is not an eloquent speaker, and makes no pretensions to forensic
excellence or elegance. He is, however, a patient and persever-
ing reader and student, and a conscientious practitioner of the
law, and is, therefore, always well equipped as a counsellor to
advise clients safely and judiciously as to the best methods of
enforcing their rights and defending their interests in the courts-
Time was when only the great orators, the men of marvelous
eloquence, who talked tears to the eyes of jurors and court
loungers, were recognized as leaders in the profession of law,
when, in fact, it was possible for but few others to achieve therein
either distinction or a competence. The finished elocutionist,
the sublime rhetorician, the lawyer who brings the bench and
box willing worshippers to the shrine of his great eloquence,
still walks head and shoulders, in the estimation of the on-looking
general public, above his fellows at the bar, but there are now-a-
days a class of practitioners, practically unknown to the past,
whose quiet advice is the one thing golden, both to their clients
and to themselves. These, by persistent research, familiarize
themselves thoroughly with the letter and spirit of the common
and the statute law, and with the practice of the courts, possess
themselves of every detail, however insignificant, of their clients'
cases, and, thus prepared, advise unerringly as to the course that
will involve the least delay and bring the surest remedy. Every
here and there in the older States are representatives of this
class, whose voices are scarcely ever heard in a court room,
whose names seldom find their way into the public print, yet
who have amassed large fortunes in legitimate practice, and
brought to speedy and successful arbitrament complicated issues,
involving, perhaps, millions of capital and untold private and
prized rights and interests. In the humbler ranks of this goodly
contingent, John Richards occupies no unenviable place.
His genealogy, above given, shows him to come of most ex-
cellent stock, and it is but little to say that in both his busy
Digitized by VjjOOQIC
I02 Mangan v. McMonegal.
professional career and private life he has done full honor to his
ancestry and the name he inherited from them. He is of a most
unassuming demeanor, yet an enjoyable companion, and, where
his affections attach, a warm, even an enthusiastic, friend. It is
the speech of all who know him that he is a good man, who has
led a good and useful life, that in justice merits, when the mea-
sure of his years shall have been fulfilled, a good and peaceful
ending.
Mr. Richards has been for many years a member of the Pres-
byterian Church, and is a Trustee of the same. He has also
been a Director of the People's Bank, and a member of the
Borough Council of West Pittston.
Mr. Richards was married January 22, 1873, ^^ Susan B.
Chadwick, daughter of George Chadwick, A. M., the son of
Joseph and Mary (Parker) Chadwick, who was born at Bradford,
Mass., October 5, 1802, and died at Boston November 11, 1843.
He studied medicine with Dr. Rufus Longley, of Haverhill,
Mass., Dr. Winslow Lewis, of Boston, Mass., and at Dartmouth
Medical College, graduating M. D. in 1828. He began practice
at Ipswich, Mass., removed to Chelsea, Mass., and thence to
Boston, leaving practice and going into mercantile business. He
married Susan Brewster, daughter of Benjamin Joseph Gilbert,
of Boston. Mr. and Mrs. Richards have a family of four children.
dourt of (llommon Ipkas of Cujcnte (!Iotiut2.
Mangan v. McMonegal.
Practice — Summons ^ service of— Amendment of return.
The return of service of a summons may be amended, notwithstanding the sheriff who made it has
gone out of office.
Rule to Strike off judgment, and to set aside service of writ.
The opinion of the court was delivered April 25, 188 1, by
Rice, P. J. — The return to this writ is as follows: "I hereby
certify and return that I served this writ May 31, 1880, on within
Digitized by VjjOOQIC
Miller v. Miller. 103
named defendant by leaving a true and attested copy of within writ
at his residence with an adult member of his family!' It is not
shown that the writ was improperly served, except as it may be
presumed from the return. It has been said in several cases
that the return is irregular, because it leaves it doubtful in which
of the two methods of service by copy allowed by the statute the
writ was served. It is possible that what has been said as to this
question may have to be reconsidered, but it is not necessary to
do so in this case, for the reason that if the return is defective it
is amendable, and such an application was made on the argument
of the rule. Neither do we think that the defendant can object
to the allowance of the amendment, that the officer who served
the writ has gone out of office. If the writ was properly served,
he cannot, under the circumstances of this case, be harmed by
having it properly returned, and we therefore allow it.
And now, April 25th, 1 881, upon the return to the writ being
amended, it is ordered that the rule to set aside the service be
discharged; the rule to set aside the judgment is made absolute,
the defendant to appear, plead, and file affidavit of defense on or
before the first day of May term, 1881, otherwise judgment.
John McGahren, Esq., for plaintiff.
John Lynch, Esq., for defendant.
Court of Common |pkas of Cujcnu Counto.
Miller v. Miller.
Divorce — A limony pendente lite — Counsel fees.
X. The wife petitioned for divorce on the ground of desertion ; the husband's answer simply denied
the all^ations of the petition : Held, that she was entitled to a reasonable allowance for counsel
fees, etc.
3. A woman who is living in a state of adultery has no claim upon her husband for support, and
where this is shown clearly the court will refuse an application for ^voioxiy pendente lite.
Rule to show cause why the respondent shall not pay the
libellant a reasonable sum to provide an attorney and procure
witnesses in her cause, and to maintain and support her ad litem.
Digitized by VjjOOQIC
I04 Miller v. Miller.
I
The opinion of the court was dehvered November 27, 1882, by
Rice, P. J. — We conclude, after a careful consideration of the
evidence taken on this rule, that the application for alimony
pendeyite lite ought to be refused. A woman who is living in a
state of adultery has no claim upon her husband for support, and
where this is clearly shown the court will, in the exercise of their
discretion, refuse an application of this nature. The reasons for
this rule are forcibly stated by Thayer, P. J., in Stock v. Stock
(11 Phila. 324.)
The request for an allowance for counsel fees rests on a differ-
ent basis. The answer of the respondent does not charge adul-
tery against the libellant, and to meet the issue, as the respondent
has seen fit to present it, she is entitled to a reasonable allowance
to pay counsel and to procure the attendance of witnesses.
And now, November 27, 1882, upon due consideration of the
evidence taken on the rule granted October 2, 1882, the applica-
tion for alimony /^;/^^«/^ lite is refused, but it is ordered that the
respondent, within twenty days from this date, pay to the libel-
lant, or to her attorney of record, the sum of twenty dollars as
counsel fees, and the sum of five dollars to procure the attend-
ance of witnesses.
E. G. Butler, Esq., for libellant.
M. E. Walker. Esq., for respondent.
Railroad engines are now provided with a hose and pump to
throw water on burning cars, but when a train has jumped the
track the engineer is too busy digging himself out of the debris
to think of experimenting with the apparatus.
A South Carolina baby has four arms. If it is a male infant,
and lives to become a man, he'll be apt to take to slinging beer
for a living. Either at that or hugging the girls four arms are
very useful.
Digitized by VjjOOQIC
LICENSES.
Notice is hereby given that the following persons
have filed their applications for license to keep hotels
uid restaurants, and to sell liquor by the quart, in the
office of the Clerk of the Court of Quarter Sessions of
the county of Luzerne, and that said applications will
be beard by the court on Monday, April 30, 1883 :
HOTEL.
Hayes .... John L. Jones » . . . Freeland.
Hines .... Arthur Featherston . Wilkcs-Barre.
Hayes. . .
Kline . . .
Hayes. . .
Hahn . . .
McAlamey
Powell . .
O'NeiU . .
Gates . . .
O'Neill . .
J- L. L . .
tyscm . .
Taylor . .
Campbell .
Famham
14-16
RESTAURANTS.
. Cathanne Wa-ssner . .
Freeland.
. James Sharpe
. Jacob Schneider . . . Hazlelon.
. Denis Boyle "
. Ludwig Michalowski . Nanticoke.
. Thomas Brennan . . Plymouth Tp.
. W. A. Wagner ...
. William Lawler . . . Parsons.
. David Richards . . . Pittston Tp,
. Thomas Keats .... Pittston.
. Thomas Bums .... Pleasant Valley.
. P. B. Brehony ....
. William Leslie . . . . Wilkcs-Barre Tp
. James Wallace . . . Wilkes-Barre.
BY THE QUART. , . ^
. W. B. Evans .... Kingston Tp.
L. K. STRENG, Clerk Q. S.
SHERIFFS SALE.
The following property will be sold by the
Sheriff, Wm. O'Malley, at the Arbitration room, Court
House, in the city of Wilkes-Barre, on Tuesday, May
1, 1W3, at 10 o'clock A. M., viz. :
Suit of Ella G. Turner v, John Nealon.
161 May term, 1883. Debt, 13,146.16. Fi. fa. 55
May term, 1883. E. P. & J. V: ' "
V. Dariing,
A. J. Dietrick, '}Atfys.
A lot of land in the borough of Plymouth, bounded
00 the south by Main street, on the west by lands of
Samod Snyder, on the north by an alley, and on the
cast by lands of James Lee, being 22 feet in front, and
14S feet In depth, containing 3,340 square feet of land,
improved by a cellar and wall erected thereon. 15-17
ORPHANS' COURT SALE.
Estate of John Fry, deceased. By virtue of an
order of the Orphans' Court of Luzerne county, the
undersigned will expose at public sale, at the hotel of
Joel Martin, in Falls Run, Black Creek township, on
Friday, May 4, 1883, at 10 o'clock A. M., the follow-
ing described real estate in said village of Falls Run :
1 All that lot of ground distinguished on the plot
of Ellias Smith and Henry Croll as lot No. 72, begin-
ning at southeast corner ot Chestnut and Falls streets,
thence east by Falls street 150 feet to an alley, south
50 feet to comer of lot No. 73, thence east by lot No. 73
150 feel to Chestnut street, thence by said Chestnut
street north 50 feet to the place of beginning, contain-
ing 7,500 square feet, more or less, with a i J^-story
frame dwelling house thereon.
a. All that lot of land distinguished on the plot of
Elias Smith and Henry Croll as lot No. 73, beginning
at a comer of lot No. 72 on Chestnut street, thence
east by said lot No. 72, 150 feet to an alley, thence
south by said alley 50 feet to a corner of lot No. 74,
thence west by said lot No. 74 to said Chestnut street,
and thence north by said Chestnut street to the place
of beginning, containing 7,500 square feet, more or
less, with a two-story frame dwelling house thereon.
3 All that lot of ground distinguished on the plot of
Elias Smith and Henry Croll as lot No. 43, beginning
at Penn street, thence north along said street 50 feet
front, thence west along Falls street 150 feet, thence
south by an alley 50 feet, thence east along lot No. 42
150 feet to the place ot beginning, containing 7,50-)
square feet, more or less, with a two-story frame dwell-
ing house thereon.
Tbkms of Sale— 3o per cent down, » per cent to
be paid on confirmation of sale, and the balance in one
year from confirmation of sale ; to be secured on the
premises, with interest from confirmation.
STEPHEN TURNBACK,
ALEXANDER FARNHAM, Executor.
Attorney. 15-17
AUDITOR'S NOTICE.
The undersized, an Auditor, appointed by the ^ ^ Lackawanna and Bloom"sburg Railroad, where
Court of Common Pleas of Luzerne county to distnb-, d^„i... d j„- „-:j -..:i_„„j — j _.J..:
ORPHANS' COURT SALE.
Elstatc of Job Kocher, dec'd. By virtue of an
order of the Orphans' Court of Luzerne county, the
undersigned will .sell at public sale, at Yaple's Hotel,
in the borough of Shickshinny, on Friday, May 4th,
188^, at It o'clock A. M., the following piece of land
in Salem township, commencing on the northwest side
t fund in the hand-s of the Executors of the estate
of Hendrick B. Wright, Tmstee of the estate of A. N.
Meylert. will attend to the duties of his appointment,
at his office, in the city of Wilkes-Barre, on Saturday,
May 5, 1883, at 10 o'clock A. M., when and where all
parties interested are hereby notified to appear.
.GEORGE R. BEDFORDa
15-18 Auditor.
UDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Rocky Run p.isses under said railroad, and running 10
perches, thence i6 perches, thence la perches, thence
13 perches, thence 16 perches, thence 4 perches to a
[>ost and stones, the beginning of land belonging to
Job. Kocher, which is divided as follows : thence from
fast mentioned comer 40 perches to a stump and stones
' comer, thence 40 perches to a rock oak corner, thence
1 40 perches to a stake and stones corner 8 feet from high
ledge of rocks, thence 40 perches to the place of begin-
ning, containing 10 acres of land ; improved, with a
frame dwelling house and outbuildings thereon.
Terms of Salb — ^loo aown on day of sale, and the
Court of Common Pleas of Luzerne county to marshal 1 balance on the confirmation of the sale
the liens against the real estate of Daniel Hinkle, will
attend to the duties of his appointment, at his office,
in the city of Wilkes-Barre, on Thursday, May 3, 1883,
at 10 o'clock A. M., when and where all parties inter-
ested are hereby notified to appear.
JOHN B. REYNOLDS,
14-17 Auaitor.
UZERNE COUNTY, ss :
REUBEN GODSHALL,
ISAAC P. HAND, Executor.
Attorney. 15-17
RE INCORPORATION OF EDWARDS
borough, in the county of Luzerne. Application
having been made to the Court of Quarter Sessions of
Luzerne county by certain citizens of Kingston and
Plymouth townships, asking that certain territory
therein described should be incorporated into a bor-
1 b
In the Court of Common Pleas of said county. 'ough, to be named Edwards, the court, on the 16th
No. 23, January term, 1883. Libel in divorce a vin- day of April, 1883, directed the petition to be filed, and
cuk) matrimonii. Emma Stevens, by her next friend, fixed May 29th, 1883, ^^ 9 o'clock A. M., as the time
John Pai^ey, v. Alexander A. Stevens. The alias for presenting the same before the Grand Jury for
subpoena in the above case having been retumed non i approval thereby ; notice to be given thereof by publi-
"st inventus, you, the said Alexander A. Stevens, are cation according to law.
hereby notified to appear at said court, on Monday,' In pursuance thereof, notice is hereby given to all
the 14th day of May, 1883, at 10 o'clock A. M., to parties interested to be present before the Grand Jury,
answer the complaint therein filed. !if they so desire, at the time fixed, as above suted by
WILLIAM O'MALLEY, the court.
D. M. JONES, Sheriff. I H. B. PAYNE,
Sohcitor. 13-16 16-19 Solicitor
89
Digitized by VjjOOQIC
SHERIFFS SALES.
Abstract of properly to he soM by Wm. O'Malley,
Sheriff of Luzerne county, on Saturday, May 12th,
A. D. 1883. at lo o'clock A. M.. at the Arbitration
room, in tne Court House, Wilkes-Barre, who will
of lot No. 32, and the northwesterly half of lot No. 34,
in the river tier ol meadow lots in old certified Ply-
moiiih, beginning at a corner In the line dividing certi-
fied lots Nos. 31 and 37, thence 133J4 rods more or lea
to the low water line on the Susquehanna river, thence
proceed with the different properties in the order in the whole width of certified lots Nos. 32 and 31, and
which they are numbered^ to wit : ito the center of certified lot No. 34, about 58}^ nxis to
X a corner, thence 147 3-10 perches to the line of the flat
Suit of Estate of Sylvester Dana, dec'd, v. Arnold 'road, thence along the same about 15 36-100 rods to the
Bertels. | corner of lot No. 32, thence along the line dividing lots
112 May term, 1881. Debt, 15,164.50. Al. lev. fa. , Nos. 32 and 33, 23 rods more or less to a corner, thence
34 March term, 1883. Bennett & Nichols, Att'ys.
A piece of land in the city of Wilkes-Barre, begin-
ning at the west comer of Dennis Quillan's lot, on the
southeast side of Main street, at a point nearly opposite
intersection of Sullivan street witn said Main street
across lot No. 3a, 22 J4 rods to the place of beginning,
and containing 48 acres, be the same more or less; coal
reserved ; all improved.
6
Suit of D. S. Stark, now assigned to Jonas Long, v
thence along said Quillan's land 202 feet, thence 19 Caroline Lengfcldt.
feet, thence 131 feet to the Wyoming Canal, thence I 477 September term, 1879- Debt, $5,000. Fi. fa
along said canal 86 feet and 9 inches, thence 292 feet 65 May term, 188^. Strauss. Att'y.
to said Main street, thence along said Main street 50, All that lot of land in the city of Wilkes-Barre, be-
feet to the place of beginning, containing 18,000 square | ginning at a comer on Main street, same being also a
feet of lana, more or less; all improved, and havingjcomcr of land lately of B. Frauenihal, thence along
creeled thereon one two-story frame dwelling house, Main street northeasterly 20 feel to land lately prop-
one frame bam, and other outbuildings. jcrty of Samuel Frauenihal, thence by the said Samuel
a Frauenihal about 225 feet to back line of land lately
Suit of Thomas T. Hess and Hannah Hess, Admin- 'property of Washington Lee, thence by same 20 feet
istralors of Philip Hess, dec'd, v. Abraham Leirguth.iio land lately of B. Frauenihal, thence aJon,; the same
9S8 September term, 1878. Debt, $500. Fi. fa 21 1 225 feet to place of beginning; excepting that strip 6
May term, 1883. , Risner, Att'y. .inches in width sold to B. Frauenihal, and also all the
All that lot of ground in the township of Butler, be- 1 defendant's rights arising under party wall agreement
ginning in the center of the road leading from Hazleton I with Samuel frauenihal; all improved, with one three-
to Wilkes-Barre, thence by lot around by Mrs. Durst story brick building, used as a store and dwelling, one
20 perches to corner of Michael Bershline's land,|one-story brick addition to the story, and one one-story
thence by land of Michael Bershline's estate 7 perches'brick kitchen, and outbuildings thereon. 16-18
to comer in same and line of Henry Schleppy's lot
thence by lot now or late in the occupancy of D. P
Rakes as tenant 34 perches to center oi said road lead
ing towards Hazleton. thence along center of said road
N
OTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
by land of Hannah Jane Roberts to place of begin- Commonwealth of Pennsylvania, under the provisions
ning.conuining 1 acre and 112 perches; all improved, of the Act of Assembly, entitled "An Act to provide
and having erected thereon a two-story frame dwelling for the incorporation and regulation of certain corpora-
house, a frame bam, and other outhouses. iiion." approved April 29th, 1874, and the supplements
3 'thereto, for the charter of an intended corporation, to
Suit of Use of D. B. Koons v. Wesley Wolfinger. ;be called " The Kingston Water Company," the char-
329 May term, 1883. Debt, $84.06. Fi. fa, 63 May'acter and object whereof is the supply of pure water
term, 1883. J, Lynch, Ati'y. 'to the borough of Kingston and parts of the adjoining
All that tract of land in the township of Fairmount, townships of King-^ton and Plymouth, in Luzerne
bounded on the north by lands now or late of William 'county, Pennsylvania, and for these purposes io4iave,
P. Robinson, on the east by lands late of Taob P. I possess, and enioy all the rights, benefits, and privil-
Smith, estate of S P. Headley,and William Marshall. !eges of the said Act of Assembly and its supplements,
on the south by lands of William Marshall and Wesley! CHARLES D. FOSTER,
Finslcy, on the west by lands of Daniel Wolfinger,' 15-17 Solicitor.
containing about 120 acres ; about 60 acres improved,! ^
balance unimproved, and having erected thereon two
small dwelling houses and barn and outbuildings ; also VT OTICE IS HEREBY GIVEN THAT AN
two orchards. 1 J\| application will be made under the Act of Assera-
4 Ibly, entitled "An Act to provide for the incorporation
Suit of the Pennsylvania Coal Co. v. Mrs. Catharine 'and regulation of certain corporations," approved April
Joice. 129th, 1874, and the supplements thereto, to the Judges
95 May term, 1883. Debt, «i,ooo. Fi. fa. 17 May of the Court of Common Pleas of Luzerne county, on
term, 1883. A. H. McClintock, Att'y. [Monday, May 21st, 1883, at 10 o'clock A. M., for the
The surface of two lots in the borough of Pittston, incorporation of an intended coporation, to be called
being lots No. soon Broad street and No. 27 on Tunnel •« St. James' Lutheran Church," of Hollenback, the
street, described as follows : ! character and objects of which are the worship of God
1. Lot No. 50 being 58 feet in fronton Broad street, according to the forms and usages of the Lutheran
102 feet on an alley at the rear, and 130 feet deep rft' Church in the State of Pennsylvania.
right angles, containing 10,400 square feet of land; re- A. R. BRUNDAGE,
serving coal; all improved, with a two-story wooden i6-i8 Solicitor,
dwelling and outhouses. 1 ^ ._ ^ _ ^ . . __
2. Lot No. 37 being loa feet in front on Tunnel
street, 58 feet on the alley at the rear, and 130 feet deep KJ OTIC K IS HEREBY GIVEN THAT AN
at right angles, containing 10,400 square feet of land ;i i^ application will be made to one of the Judges-
reserving coal. of the Court of Common Pleas of Luzerne county,
5 ! under the provisions of the Act of Assembly, entitled
Suit of Annie A. Wright, Carrie G. Wright, and "An Act to provide for the incorporation and rcgula-
George R. Wright, Executors of the last will and tes- tion of certain corporations," approved April 29, 1874,
lament of Hendrick B. Wright, deceased, v. Davidtand the supplements thereto, on Monday, May Mthj
Bradley. 1883, at 10 o'clock A.M. , for the charter of an intended
Suit of Emily L. Wright V. David Bradley. corporation, to be called "The Welsh Calvanisiic
35 and 26 June "T., 1882. Debt, $7739 and $2579.86. Methodist or Presbyterian Church," of Ashley, the
Lev. fa. 60 and 61 May T., 1883. Sturges, Alt y. character and objects of which arc to purchase lands
The surface of the following described piece of land,' and erect buildings for the support of public worship.
on Shawnee flats, in the township of Plymouth, and j W. H. HINES,
composed of the whole of lot No, 33, the southeast end 14-16 Solicitor.
90
Digitized by CiOOQ IC
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act for the incorporation and regula-
tion of banks of discount and deposit," approved May
13. 1876. and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county. Pa., the character
and objects of which are the carrying on the general
business of banking as a bank of deposit and discount.
W. H. HINES,
14*24 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Pleas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Act to
provide for the incorporation and regulation of certain
corporations/' approved April aqth, 1874, and the sup-
plements thereto, on Monday, May 14th, 1887, for the
incorporation of an intended corporation, to be called
"The German Evangelical Protestant Church," of
Nanticoke, the character and objects of which are for
the support of public worship,
W. H. HINES,
14-16 Solicitor.
ESTATE OF RICHARD DEARIE, LATE OF
Wilkes-Barre, deceased.
I^eners of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
thim for payment, and those indebted thereto will
please make immediate payment to
GEORGE DEARIE,
A. FARNHAM, Administrator.
Attorney. 16-21
ESTATE OF CHARITY PRINGLE, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to_ _ _
McKune'
JACOB G. PRINGLE, Adm'r,
's P. O., Falls Twp., Wyoming Co., Pa
14-19
R. C. SHOEMAKER,
Attorney
ESTATE OF JOSEPH VVHIPP, LATE Ob
Exeter township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
WM. H. WHIPP,
HANNAH WHIPP,
PALMER, DEWITT & FULLER, Executors.
13-18 Attorneys.
ESTATE OF JOHN SIMMER, LATE OF THE
township of Newport, deceased.
Letters of administration upjn the above named
atate having been granted to tne undersigned, all per-'
SODS having claims against the same will present them
for payment, and those -indebted thereto will please
make immediate payment to
JAMES M. NORRIS,
W. S. McLEAN, Administrator.
Attorney. 16-21
ESTATE OF TAMES BIRTH, LATE OF ROSS
township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present thtm
for payment, and those indebted thereto will please
make immediate inyment to
JAMES CROCKETT,
16-21 Administrator.
ESTATE OF JULIA ROBERTS, LATE OF
Hughestown, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ALFRED P. HOUSE.
FRANCIS H. CHIVERS,
F. C MOSIER, Administrators.
Attorney. 12-17
ESTATE OF DANIEL JONES, LATE OF THE
borough of West Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JACOB KERN,
JOHN W. NIMMO,
GEO. S. FERRIS, Adm'rs c. t. a. d. b. n.
Attorney. 11-16
ESTATE OF GEORGE SMILNUK, LATE OF
Hazlc township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ANDREW BERKLEY.
B- McMANUS, Administrator.
Attorney. 12-17
ESTATE OF NILS JOHNSON, LATE OF THE
borough of Parsons, deceased. I
Letters of administration upon the above named
estate having been granted to the undersigned , all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN JOHNSON,
»6-2i Administrator.
ESTATE OF ANDREW LEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
E. P. DARLING,
JOHN WROTH.
>6-2i Executors
ESTATE OF JOSHUA VINCENT, LATE OF
Exeter town.ship, deceased.
• Letters of administration upon the above named
estate having been granted to the undersigned, .ill per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
SUSANNA VINCENT,
BENNETT & NICHOLS, Administratrix.
Attorneys. ^4-19
ESTATE OF REBECCA PETERS, LATE OF
HoUenback township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
|Sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
DANIEL BLOSS,
J. T. LENAHAN, Administrator.
Attorney. 12-17
9'
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ESTATE OF JOHN HENRY, LATE OF THE
town&hip ofNescopcck, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will plea«^
make immediate payment to
C. B. JACKSON,
11-16 Administrator.
ESTATE OF ELLEN MADDEN, LATE OF
Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
EDWARD GILLORAN,
14-19 Administrator.
ESTATE OF ANN WILLIAMS, LATE OF
Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the . undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RICHARD J. WILLIAMS,
11-16 ' Executor.
ESTATE OF MARY E. PETERS. LATE OF
Hollenback township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
DANIEL BLOSS,
J. T. LENAHAN, Administrator.
Attorney. 12-17
McLEAN & JACKSON,
Attorneys at Law,
Wilkrs-Barkb, Pa.
chas. d. foster,
Attorney at Law,
Wilkks-Barhb, Pa.
ESTATE OF MARY E. MACCARTNEY, LATE
of Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersisned, all
persons having claims against the same will present
them for payment, nnd those indebted thereto will
please make immeaiate payment to
C. B. JACKSON,
11-16 Administrator c. t. a. d. b. n.
W. vS. PARSONS,
Alderman,
Market Strbbt, WiLKBS'BARkE, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Public
Wilkbs-Bakrb, Pa.
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, April 27, 1883. No. 17.
(ffotnrt of €ammcm JJkos of Cujerne €otint2.
Myers et aL v. D evens et al.
Nrm trial— Bjtcimtnt — Act March 27 ^ 1867, P. L. 47 — Evidence— Competency qf party as witness.
I. Practice in granting new trials, for improper statements of counsel in argument of case, discussed.
t. As a general rule, the failure of opposing counsel to object at the time will prevent the granting
of a new trial.
3. A disclaimer under the act of March 37, 1867 (P. L. 47), relating to actions of ejectment, may be
filed on the trial of the case. If the opposite party is surprised, the court will prevent injustice
by continuing the case.
4. If the disdaimant pays the costs, and foUovrs his disclaimer by an asisignment or release, he is
made a competent witness by the act of 1867 {supra).
$. It seems that after the disdaimant had complied with the provisions of the act of z867(x«/ra), he
would be a competent witness without the execution of the subsequent assignment.
6. Competency of parties as witnesses, as affected by the statutes, discussed.
Rule for new trial.
The opinion of the court was delivered December 1 1, 1882, by
Rice, P.J. — The first reason urged for a new trial is the alleged
misconduct of the defendants' counsel in his opening address to
the jury. The practice with relation to granting new trials for
this cause has been fully discussed in the cases of Monroe v.
The D. L. & W. R. R. Co. and Sweeney v. The L. V. R. R. Co.
In addition to what is said in those cases, we will briefly refer to
the alleged objectionable statements of counsel. We cannot say
that the statement, that Philip Myers was a man of bad temper
and abusive, was entirely illegitimate. The plaintiffs' witnesses
had been examined on that subject, and, in one view of the case,
positive proof of the fact might possibly have been admissible.
The statement that he had taken four thousand dollars dishon-
Digitized by VjjOOQIC
io6 Myers v. Devens.
estly in the negotiation of a certain lease, was entirely outside
the case, and ought not to have been made. But we are not
satisfied that it tended to prejudice the minds of the jurors. It
might have done so had his honesty been a matter in issue, or
had he been a party or witness in the cause. But he was neither,
and the jury could not help seeing that the fact of his dishon-
esty, whether proved or not, had nothing to do with the cause.
Objectionable as the remark was, it could not have influenced
the jurors in their verdict. What Mrs. Devens had told her
counsel with relation to the declarations of her husband in his
lifetime was not properly stated to the jury. We think, however,
that when the counsel proceeded to make this statement, the
plaintiffs' counsel ought to have made immediate objection.
Had he done so, the present cause of complaint would have been
avoided. But aside from this, we have no report of what these
remarks were, nor do we remember them ; therefore we are una-
ble to form any opinion as to their probable effect on the jury.
The statement as to the improvements which the defendants had
made on the premises, although we subsequently rejected the
evidence, was apparently made in good faith, and in the honest
expectation of establishing the fact by proof. This being the
case, the counsel cannot be justly charged with misconduct in
this particular. Finally, while we conclude that, under all the
circumstances, a new trial ought not to be granted for the reason
urged, we wish to be understood as emphatically disapproving
of the wide latitude which members of the bar too frequently
take in opening and arguing cases to the jury, and in remarks
made in the hearing of the jury during the progress of the trial.
The prominence which this subject has recently had in our courts
will undoubtedly be followed by greater care in these particulars.
If the jury believed the testimony of Catharine E. Devens,
they were authorized to infer from Mrs. Myers* declarations and
admissions to her that Mrs. Myers had "dispensed" with the
services of Mr. Devens, and that thereupon, under the conditions
of the will of Madison F. Myers, the entire estate had become
absolutely vested in Mr. Devens. The effect of the admission
was not that her son, Philip Myers, had, of his own motion, dis-
charged Mr. Devens, but that she had discharged him, or "dis-
Digitized by VjjOOQIC
Myers v, Devens. 107
pensed with his services," to use the language of the condition
in the will, on the advice of her son. As to these declarations
there was a direct conflict of testimony between Mrs. Myers and
Mrs. Devens, which, we think, was properly submitted to the jury.
Was Mrs. Devens a competent witness? Madison Myers, by
his will, probated October 10, 1859, devised the land in contro-
versy, then in the occupancy of Henderson G. Devens, to John
D. Hoyt, in trust for the said Devens, so long as he should faith-
fully continue in the service of his widow, Harriet Myers, until
the youngest child of the devisor should arrive at the age of
twenty-one years, or until his widow should, in her discretion,
dispense with his services, if she should see proper sooner to
dispense with them, then and in that case in trust for the sole
use and behoof of the said Devens, his heirs, etc.
Mr. Devens continued in the service of Mrs. Myers about two
years after the death of Madison Myers. When he left the
service of Mrs. Myers the youngest child of the devisor was not
of age. Mr. Devens continued to live upon the premises in dis-
pute until the time of his death, and thereafter his widow^ Cath-
arine E. Devens, and children, who were the defendants in the
writ, lived upon the premises until the time of trial.
The plaintiffs having shown title in Madison Myers, and the
devise, on condition, to Mr. Devens, introduced testimony to
show that he had voluntarily abandoned the service of Mrs.
Myers, and then rested.
The defendants then filed the disclaimer of Catharine E.
Devens, the widow, and one of the defendants, " of all title to the
premises in controversy at the time of action brought," paid all
the costs taxed, and gave bond for all other costs that might
have accrued up to the time of the claimer filed, and offered her
as a witness to prove the admissions of Mrs. Myers, to which we
have heretofore alluded. These admissions were alleged to have
been made in the lifetime of Henderson G. Devens.
At common law, Mrs. Devens would not have been a compe-
tent witness for two reasons: first, because she was a party to
the record; second, because, though she had not been a party,
she was interested in the result of the issue, i Greenl. Ev.
§§ 329, 389.
Digitized by VjjOOQIC
io8 Myers v. Devens.
This disqualification was not removed by the act of April 15,
1869, or subsequent legislation, except so far as to permit her to
testify to matters occurring after the death of Henderson Devens,
under whom the defendants claim title. Hess v, Gourley, 8 Nor.
95 ; Ewing v, Ewing, 9 W. N. C. 489.
The act of March 27, 1867 (P. L. 47; P. D. 624,//. 14), pro-
vides as follows: "That in all actions of ejectment against two
or more persons, any of the defendants shall be competent as a
witness, for either plaintiff or defendant, as effectually as if not
made a party to the record : Provided, that it shall appear to the
court, upon the trial, that the party so offered as a witness has
disclaimed, upon the record, all title to the premises in contro-
versy at the time of action brought, and paid into court the costs
already accrued, or given security for the payment thereof, at the
discretion of the court."
So far as we have been able to learn, this statute has not here-
tofore received judicial construction. It was contended by the
plaintiffs' counsel, in the first place, that the disclaimer was not
filed in time. This objection is not well founded. T^e obvious
impossibility of filing such disclaimer at the time or instant the
suit is brought, the natural sense and arrangement of the terms
used, the context, and above all the manifest purpose of the act,
all combine to show that the terms, "at the time of action
brought," relate, not to the time when the disclaimer must be
filed, but to the title held by the disclaimant at the inception of
the suit. The objections to permitting the disclaimer to be filed
on the trial of the case are no greater than the objections to per-
mitting a defendant to change his plea on the trial, which is very
common in practice. The plaintiff gets all his costs, and in case
of surprise the court will prevent injustice by continuing the case,
if he requests it.
As we have already suggested, the case fell within the proviso
of the act of 1869. Mrs. Devens, being a party defendant, and
having pleaded the general issue, could not make herself a com-
petent witness for her co-defendants by the mere execution of a
release or assignment to them on the trial. By the return to the
writ, her plea, and the evidence, she was a party to the record,
and in possession at the time of suit brought, and as such she
Digitized by VjjOOQIC
Myers v. Devens. 109
still would have been liable to the plaintiffs for costs at least.
This would have been a sufficient interest to exclude her, whether
her release or assignment were merely colorable or not.
Had she not have been a party, this liability to the plaintifis
for the costs, in case of a recovery against the defendants, would
not have existed ; and it would seem, under the later decisions,
that the rule against colorable assignments, laid down in Post v,
Avery (5 W. & S. 509), would not apply to prevent her from
qualifying herself as a witness by executing an assignment of all
her estate or interest in the land to her co-defendants. McClel-
land's Exrs. v. West's Admrs., 20 Sm. 183.
But Mrs. Devens having removed her disability as a party by
filing a disclaimer and paying the costs, as required by the act of
1867, and having divested herself of all interest in the result of
the issue, which she would have had though she had not been
made a party, by executing a release or assignment to her co-
defendants, there can be little doubt that she was property
admitted to testify.
On the trial of the cause, we were of the opinion that the act
of 1867 {supra) was intended only to provide a method for remov-
ing the technical disqualification which arose fi-om the fact that
the disclaimant was a party to the cause, and did not extend to
the case of a defendant who was shown by the evidence to be
interested in the title. To illustrate this, we suggested the case
of a person who had acquired an interest in the title after action
brought We were led to this conclusion by the meaning which
we thought ought to be given to the words, ** as effectually as if
not made a party to the record." Hence we ruled that the effect
of the disclaimer and payment of costs was only to place Mrs.
Devens in the same position which she would have held had she
not been made a party to the record, and rejected her as a witness
until after she had released her interest to the defendants. After
a more careful consideration of the case, we are inclined to think
that we took too narrow a view of the statute, and did not give
the full effect to the disclaimer to which it was entitled. It was
not only a declaration to the plaintiffs that she would no longer
defend against their suit, but it also operated in favor of the other
defendants, by way of estoppel, as fully and effectually as though
Digitized by VjjOOQIC
no Stewart v. Norris.
she had formally assigned her interest by deed. As it did not
appear that she had any other interest or title than that which
she had at the time to which her disclaimer related, it follows
that she was a competent witness without the execution of the
subsequent assignment.
The rule is discharged.
A. Ricketts, Esq., for plaintiffs.
A. Farmham, Esq., for defendants.
(ilonrt of dTommoii JJltas of Cujerne donuto.
Stewart v. Norris.
Certwrari— Offset t duty qfde/tndant to present ^ be/ore justice.
The court will reverse proceedings where the demand of the plaintiff wai in existence, and might
have been set-off in a previous action by the defendant against him.
Certiorari.
The opinion of the court was delivered April i6, 1883, by
Rice, P. J. — It appears from the transcript that the demand of
the defendant in error was in existence, and could have been set
up as off-set in the suit of Stewart v, Norris, tried before Alder-
man Parsons in December, 1881. This being the case, the pres-
ent action was barred. The defendant in error was imperatively
required by the statute to present her claim as an off-set in the
former case. Herring v. Adams, 5 W. & S. 460. When the
plaintiff below pleaded and proved the former recovery by him-
self in the case tried before Alderman Parsons, the alderman
should have entered judgment in his favor. His refusal to do so
is error, for which this court may reverse on certiorari. Slyhoof
V. Flitcraft, i Ash. 171; White v. Johnson, 2 Ash. 146.
The proceedings are reversed and set aside.
Messrs. McLean & Jackson, for plaintiff in error.
Digitized by VjjOOQIC
SHERIFF'S SALES.
Abstract uf property to be sold by Wm. O'MalleY,
Sheriff of Luzerne county, on Saturday, May i3tn,
A. D. 1883. at xo o'clock A. M.. at the Arbitration
room, in the Court House, Wilkes-Barre, who will,
proceed with the different properties in the order in
vhich they are numbered, to wit :
X
Suit of Estate of Sylvester Dana, dec'd, ▼. Arnold
Bertels.
112 May term, 1881. Debt, $5,164.50. Al. lev. fa.
34 March term, 1883. Bennett & Nichols, Att'ys. '
A piece of Uuid in the city of Wilkes-Barre, begin-
ning at the west comer of Dennis Quillan's lot, on the
southeast side of Main street, at a point nearly opposite
intersection of Sullivan street with said Main street,,
thence along said Quillan's land aoa feet, thence 19 J
feet, thence 131 feet to the Wyoming Canal, thence
ak>ng said canal 86 feet and 9 inches, thence 292 feet
to sfud Main street, thence auong said Main street 50
feet to the place of beginning, containing 18,000 square
feet of lana, more or less ; all improved, and having
erected thereon one two-story frame dwelling house,
one frame bam, and other outbuildings.
a
Suit of Thomas T. Hess and Hannah Hess, Admin-
istrator* of Philip Hess, dec'd, v. Abraham Leirguth.
958 September term, 1878. Debt, $v>o. Fi. fa 21
May term, 1883. Risner, Ait'y.
All that lot of ground in the township of Butler, be-
ginning in the center of the road leading from Hazleton
to Wilkes-Barre, thence by lot around by Mrs. Durst
ao perches to comer of Michael Bersnline's land,
ihence by land of Michael Bershline's estate 7 perches
to comer In same and line of Henry Schleppy's lot,
thence by lot now or late in the occupancy of D..P.
Rakes as tenant 34 perches to center of said road lead-
ing towards Hazleton, thence along center of said road
by land of Hannah Jane Roberts to place of begin-
nW. containing i acre and xi3 perches; all improved,
andhaving erected thereon a two-story frame dwelling
house, a frame bam, and other outhooses.
3
Suit of Use of D. B. Koons v. Wesley Wolfinger.
399 May term, 1883. Debt, I84.06. Fi. fa. 63 May
term. 1883. J. Lynch, Att'y.
All that tract of land in the township of Fairmount,
bounded on the north by lands now or late of William
P. Robinson, on the east by lands late of Jacob P.
Smith, estate of S. P. Headley,and William Marshall,
on the south by lands of William Marshall and Wesley
Finsley^ on the west by lands of Daniel Wolfinger,
oontaimng about xao acres ; about 60 acres improved,
balance unimproved, and having erected thereon two
small dwdling houses and bam and outbuildings ; also
two orchards.
Suit of the Pennsylvania Coal Co. v. Mrs. Catharine
Joice
95 May term, 1883. Debt, <i,ooo. FI. fa. 17 May
term, 1883. A. H. McClintock, Att'y.
The surface of two lots in the borough of Pittston,
being lots No. 50 on Broad street and No. 27 on Tunnel
street, described as follows :
1. Lot No. 50 being 58 feet In front on Broad street^
xoa fieet on an alley at the rear, and 130 feet deep at
ri^t angles, containing 10,400 square feet of land ; re-
serring coal ; all improved, with a two-story wooden
dwelling and outhouses.
3. Lot No. 27 being 102 feet in front on Tunnel
«troc^58 feet on the alley at the rear, and 130 feet deep
at right angles, containing 10,400 square feet of land
reserving coal.
Suit of Annie A. Wright, Carrie G. Wright, and
George R. Wright, Executors of the last will and tes-
toment of Hendrick B. Wright, deceased, v. David
Bradley.
Suit of Emily L. Wright v. David Bradley.
25 and 26 June T., X882. Debt, ^739 and $2579.86.
I^. fa. 60 and 6i May T., 1883. Sturges, Att'y.
The sur&ce of the following described piece of land,
«n Shawnee flats, in the township of Plymouth, and
composed of the whole of lot No. 33, the southeast end
of lot No. 3», and the northwesterly half of lot No. 34,
in the river tier of meadow lots in old certified Ply-
mouth, beginning at a comer in the line dividing certU
fied lots Nos. 31 and 32, thence 133^ rods more or less
to the low water line on the Susquehanna river, thence
the whole width of certified lots Nos. 32 and 33, and
to the center of certified lot No. 34, about 58^^ rods to
oft"
road, thence along the same about ^5 36-100 rods to the
comer of lot No. 32, thence along the line dividing lots
Nos. 32 and 33, 23 rods more or less to a corner, thence
across lot No. 32, 22)^ rods to the place of beginning,
and containing 48 acres, be the same more or less ; coal
reserved ; all Improved.
6
Suit of D. S. Stark, now assigned to Jonas Long, v.
Caroline Lengfeldt.
September term, 1879. Debt, $5,000. Fi. fia.
y term, 1883. Strauss, Att'y.
All that lot of land in the city of Wilkes-Barre, be-
65^ffs
ginning at a comer on Main street, same being also a
comer of land lately of B. Frauenthal, thence along
Main street northeasterly ao feet to land lately prop-
erty of Samuel Frauenthal, ihence by the said Samuel
Frauenthal about 225 feet to back line of land lately
property of Washington Lee, thence by same 20 feet
to land lately of B. Frauenthal, thence alonu the same
225 feet to place of beginning ; excepting that strip 6
inches in width sold to B. Frauenthal, and also all the
defendant's rij^hts arising under party wall agreement
with Samuel Frauenthal; all improved, with one three-
story brick building, used as a store and dwelling, one
one-story brick addition to the story, and one one-story
brick kitchen, and outbuildings thereon. x6-i8
IN RE INCORPORATION OF EDWARDS
borough, in the county of Luzerne. Application
having been made to the Court of Quarter Sessions of
Luzeme county by certain citizens of King-tton and
Plymouth townships, asking that certain territory
therein described should be incorporated into a bor-
ough, to be named Edwards, the court, on the 16U1
day of April, 1883, directed the petition to be filed, and
fixed May 29th, 1883, at 9 o'clock A. M., as the time
for presenting the same before the Grand Jury for
approval thereby : notice to be given thereof by publi-
cation according to law.
In pursuance thereof, notice is hereby given to all
parties interested to be present before the Grand Jury,
if they so desire, at the time fixed, as above stated by
the court.
H. B. PAYNE,
16-X9 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act for the incorporation and regula-
tion of banks of discount and deposit," approved May
13. 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the ** Nanticoke Bank," and to m located in the bor-
ough of Nanticoke, Luzerne county, Pa., the character
ana objects of which are the carrying on the general
business of*banking as a bank of deposit and discount.
W. H. HINES,
14-94 Solicitor.
N^
OTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem*
bly. entitled "An Act to provide for the incorporation
ana regulation of certain corporations," approved April
29th, 1874, and the supplements thereto, to the Judges
of the Court of Common Pleas of Luzerne county, on
Monday, May 21st, 1883, at 10 o'clock A. M., for the
incori>oration of an intended coporation, to be called
" St. James' Lutheran Church," of Hollenback, the
character and objects of which are the worship of God
according to the forms and usages of the Lutheran
Church in the State of Pennsylvania.
A. R. BRUNDAGE,
x6-i8 Solicitor.
93
Digitized by VjjOOQIC
N^
rOTICE IS HEREBY GIVEN THAT ANi
application will be made to the Governor of the |
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitled "An Act to provide i
for the incorporation and regulation of certain corpora-'
tion," approved Apnl 29th, 1874, and the supplements!
thereto, for the charter of an intended corporation, to!
be called " The Kingston Water Company," the char-
acter and object whereof is the supply of pure water
to the borough of Kingston and parts of the adjoining
townships of Kingston and Plymouth, in Luzerne
county, Pennsylvania, and for these purposes to have,
possess, and enioy all the rights, benefits, and privil-
eges of the saicf Act of Assembly and its supplements,
CHARLES D. FOSTER,
15-17 Solicitor.
ESTATE OF CHARITY PRINGLE. LATE OF
Salem township, deceased.
Letters of administrauon upon the above named
estate having been granted to the undersigned, all per-
sons having claims agaln&t the same will present tnem
for payment, and those indebted thereto will please
make immeaiate payment to
JACOB G. PRINGLE, Adm'r,
McKune't P. O., Falls Twp.. Wyoming Co.. Pa.
R. C. SHOEMAKER,
14-19 Attorney.
ESTATE OF ELLEN MADDEN, LATE OF
Pittston township, deceiued.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
EDWARD GILLORAN,
14-19 Administrator.
ESTATE OF RICHARD DEARIE, LATE OF
Wilkes-Barre, deceased.
J/Ctters of administration upon the above named
estate having been granted to the undersigned, all
persons having daims against the same will present
thjm for payment, and those indebted thereto will
please make immediate payment to
GEORGE DEARIE,
A. FARNHAM, Administrator.
Attorney. 16-21
ESTATE OF JOHN SIMMER, LATE OF THE
township of Newport, deceased.
Letters of administration upon the above named
estate having been granted to tne tudersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JAMES M. NORRIS,
W. S. McLEAN, Administrator.
Attorney. i6-«x
ESTATE OF TAMES BIRTH, LATE OF ROSS
township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them ,
for payment^and those indebted thereto will please
make immediate payment to
JAMES CROCKETT,
i6-az Administrator.
ESTATE OF JOSEPH WHIPP, LATE OF
Exeter township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persoM
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
WM. H. WHIPP,
HANNAH WHIPP,
PALMER, DEWITT & FULLER, Executors.
13-18 Attorneys.
ESTATE OF JULIA ROBERTS. LATE OF
Hughestown, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ALFRED P. HOUSE,
FRANCIS H. CHIVERS,
F. C. MOSIER, Administrators.
Attorney. i»-»7
ESTATE OF GEORGE SMILNUK, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ANDREW BERKLEY.
B. McMANUS, Administrator.
Attorney. w-^7
ESTATE OF NILS JOHNSON. LATE OF THE
borough of Parsons^ deceased.
Letters of administration upon the arove named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ESTATE OF JOSHUA VINCENT. LATE OF
Exeter township, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
SUSANNA VINCENT,
BENNETT & NICHOLS, Administratrix.
Attorneys. U'^9
i6-ai
JOHN JOHNSON,
Administrator.
ESTATE OF ANDREW LEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
unmediate payment to
E. P. DARLING,
JOHN WROTH,
16^1 Executon.
94
ESTATE OF REBECCA PETERS, LATE OF
HoUenback township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all pc-
sons having claims against the same will present them
for payment, and those indebted thereto will pl«s«
make immediate payment to
DANIEL BLOSS,
J. T. LENAHAN. Administrator.
Attorney. >»-'7
ESTATE OF MARY E. PETERS, LATE OF
HoUenback township, deceased.
Letters of administrauon upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present uicm
for payment, and those indebted thereto will ?*«»*«
make immediate payment to
DANIEL BLOSS,
J. T. LENAHAN, Administrator
Attorney. »-*7
Digitized by VjjOOQIC
ESTATE OF ANTHONY SCHAPPERT, LATE
of Wakes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
fiw payment, and those indebted thereto will please
make immediate payment to
Barbara schappert,
L. B. LANDMESSER, Administratrix.
Attorney. 17-22
Estate of a. g. rickard, m. d., late
of Plymouth, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immeaiate payment to
liva a. rtckard,
r. n. smith,
R. D. EVANS, Administrators.
Attorney. 17-aa
ESTATE OF AUGUST STEPHENS, LATE OF
Plymouth, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same wiU present
them for payment, and those indebted thereto will
please make immediate payment to
J. W. ENO,
O. F. NICHOLSON, Administrator.
Attorney. 17-22
ESTATE OF FRANCES S. KNAPP, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
■ake im medial
ate payment to
F. C. HOSIER,
Attorney.
AVERY KNAPP,
Adminitrator.
17-22
ESTATE OF SAMUEL HARRIS, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
toos having claims against the same will present them
tar payment, and those indebted thereto will please
Bake immediate payment to
LORENZO D. HARRIS.
E. G. BUTLER, Administrator.
Attorney. 17-22
ESTATE OF CORNEOUS O'NEILL, LATE
of Pittston township, deceased.
Letters of administration upon the above named
I estate having been granted to the undersigned, all per-
sons having claims against the same will present them
I far pa^rment, and those indebted thereto will please
nuke immediate payment to
CATHARINE SHEA,
JOHN T. LENAHAN, AdminUtratrix.
Attorney. 17-22
ESTATE OF ELLEN O'NEILL, LATE OFi
Pittston township, deceased.
Letters of adminbtration upon the above named!
estate having been granted to the undersiened, all I
persons having claims ai^nst the same will present
&em for payment, and those indebted thereto will
please make immediate payment to
CATHARINE SHEA,
JOHN T. LENAHAN, Administratrix.
Attorney. 17-22
ORPHANS' COURT SALE.
Estate of John Fry, deceased. By virtue of an
order of the Orphans' Court of Luzerne county, the
undersigned will expose at public sale, at the hotel of
Joel Martin, in Falls Run, Black Creek township, on
Friday, May 4, 1883, at 10 o'clock A. M., the follow-
ing described real estate in said village of Falls Run :
X All that lot of ground distinguished on the plot
of Ellas Smith and Henry Croll as lot No. 72, begin-
ning at southeast corner of Chestnut and Falls streets,
thence east by Falls street 150 feet to an alley, south
50 feet to comer of lot No. 73, thence east by lot No. 73
150 feet to Chestnut street, thence bjr said Chestnut
street north 50 feet to the place of beginning, contain-
ing 7,500 square feet, more or less, with a xj^-story
frame dwelling house thereon.
2. All that lot of land distinguished on the plot of
Elias Smith and Henry Croll as lot No. 73, beginning
at a comer of lot No. 72 on Chestnut street, thence
east by said lot No. 72. 150 feet to an alley, thence
south by said alley 50 feet to a comer of lot No. 74,
thence west by said lot No. 74 to said Chestnut street ,
and thence north by said Chestnut street to the place
of beginning, containing 7,500 square feet, more or
less, with a two-story frame dwelling house thereon.
^ All that lot of ground distinguished on the plot of
Ellas Smith and Henry Croll as lot No. 43, beginning
at Penn street, thence north along said street 50 feet
front, thence west along Falls street 150 feet, thence
south by an alley 50 feet, thence east along lot No. 42
150 feet to the place of beginning, containing 7,500
square feet, more or less, with a two-story frame dwell-
ing house thereon.
Tbkms op Sale— 20 per cent down, ^ per cent to
be paid on confirmation of sale, and the balance in one
year from confirmation of sale ; to be secured on the
premises, with interest from confirmation.
STEPHEN TURNBACK,
ALEXANDER FARNHAM, Executor.
Attorney. 15-17
ORPHANS' COURT SALE.
Estate of Job Kocher, dec'd. By virtue of an
order of the Orphans' Court of Luzerne county, the-
undersiened will sell at public sale, at Yaple's Hotel,
in the borough of Shickshinny, on Friday, May 4th.
1883, at XI o'clock A. M., the following piece of land-
in Salem township, commencing on the northwest side
of the Lackawanna and Bloomsburg Railroad, where
Rocky Run passes under said railroad, and running to
perches, thence 16 perches, thence 12 perches, thence
12 perches, thence x6 perches, thence 4 perches to a
post and stones, the beginning of land belongins to
7ob Kocher, which is divided as follows : thence from
last mentioned comer 40 perches to a stump and stones
comer, thence 40 perches to a rock oak comer, thence
40 perches to a stake and stones comer 8 feet from high
ledge of rocks, thence 40 perches to the place of begin-
ning, containing xo acres of land; improved, with a
frame dwellin|; house and outbuildings thereon.
Terms of Sale— $100 aown on day of sale, and the
balance on the confirmation of the sale.
REUBEN GODSHALL,
ISAAC P. HAND, Executor.
Attorney. t5-t7
SHERIFFS SALE.
The following property will be sold by the
Sheriff, Wm. O'Malley.at the Arbitration room. Court
House, in the city of Wilkes-Barre, on Tuesday, May
I, 1883, at 10 o'clock A. M., vii. :
Suit of Ella G. Turner v. John Nealon.
i6x May term, 1883. Debt, 13,146.16. Fi. &. 55
May term, 1883. E. P. & J. V. Darling, > . ,,,^
A. J. Dietrick, |Attys.
A lot of land in the borough of Plymouth, bounded
on the south by Main street, on the west by lands of
Samuel Snyder, on the north by an alley, and on the
east by lands of James Lee, being 22 feet in front, and
148 feet in depth, containing 3,340 square feet of land,
improved by a cellar and wall erected thereon. 15-17
95
Digitized by VjjOOQIC
SHERIFFS SALES.
Abstract of property to be sold by Wm. O'Malley,
SheriflF of Luzerne county, on Saturday, May 19th,
A. D. 1883. at 10 o'clock A. M.. at the Arbitration
room, in the Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are number, to wit :
X
Suit off. E. Bulkeley ▼. William Howey.
57 April term, x88a. Debt, I85.06. Vend. ex. ii
May term, 188^. Brundage. Att'y.
A lot of land in the city of Wilkes-Barre, beginning
at a comer on Lehigh street and comer of land now or
late of William Millham, thence 40 feet along said
I.«high street to land now or late of H. Carps, thence
along said Carps' land about 68 feet to a comer in line
of land of R, McGrath, thence along line of said Mc-
Grath's to comer of alley in line of land of said Wm.
Miliham, thence along line of land of said Wm. Mill-
ham about 93 feet to the beginning; having erected
thereon one two-story frame dwelling and outbuildings.
s
Suit of the Huntington Township School District v.
Elias Hoffman, Mariha Williams, William Killian.
3s September term, 1880. Debt, $175 Vend. ex.
41 May term, 1883. Dorr^tnce & Price, Att'ys.
All that lot of land in Huntington township, bounded
on the east by lands of Perry Munroe, on the north by
lands of Geo. Wagner, on the west by lands of D. M.
Williams, and on the south by lancis of A. Harvard
and T. Franklin, containing about 80 acres; all im-
proved, except about 4 acres of woods, with one large
J ^-story frame house, two hams, and other outbuild-
ings thereon; also an orchard.
3
Suit of Andrew Bryden v. William Bryden.
ax^ January term, 1883. Debt, $1,500. Al. fi. fa
48 May term. 1883. Ferris, Att'y.
z. AU the surface of the following piece of land in
the borough of Pittston, b^'uning at the comer of lot
No. 19 on Swallow street, thence in a southerly direc-
tion by lot No. 19, 150 feet, thence in a northwesterly
direction 50 feet to a comer of lot No. 15, thence in a
northeasterly direction by lot No. 15, 150 feet to a
comer on Swallow street, thence in a southeasterly
direction by Swallow street 50 feet to the place of be-
f (inning, containing 7,500 square feet of land, more or
ess, being lot No. 17 on Swallow street ; all improved,
with a two-story frame dwelling house thereon.
a. Also the surface of one other piece of land in the
borough of Pittston, being lot No. 19 on Swallow
street, and being 50 feet on Swallow street, and extend-
ing at nght angles to said street 150 feet, containiiig
7,500 square feet of land, more or less : all improved,
with outbuildings and a number of fmit trees thereon ;
said lot No. ip is immediately adjoining the above
described lot No. 17.
Suit of the Miners' and Mechanics' Building and
Loan Association of Plainsville v. John Nolan and
Patrick Gorman, Administrators of James Gorman,!
deceased.
065 May term, 1876. Debt, 1314.20. Al. fi. fa. 71]
May term, 1883. Lamb, Att'y. j
All that piece of land in the township of Plains, be-
ginning at a comer by the lands of^the WyomingI
Valley Coal Company on the plank road, leading from
Wilkes-Barre to Pittston. thence in a westerly direc-|
tion about 115 feet to the Lehigh and Susquehanna
Railroad, thence alonff said railroad northeasterly 74 1
feet to the laud of John Pryor, thence eastcriy about
115 feet to the said plank road, thence along the samel
about 75 feet to the place of beginning; all improved,'
with a larjge two-story frame building, with one two-j
story addition in rear, board shanty, outhouses, etc.,]
used as a hotel ; also a two-story frame dwelling house,
with one-story addition, frame nam, and outbuildings, |
and fmit trees thereon ; coal and minerals reserved.
Suit of Peter Garvin v. Patrick Garvin.
08 April term, 1880. Debt, $3y>. Al. vend. ex. 31
May term. 1883. McLean & Jackson, Att'ys.
The following piece of land in the city of Wilkes-
Barre, 14th ward, beginning at a comer in line of a
6
30-foot street, and running thence alons lot No. 16,
now or lately owned by Michael GUI, 175 reet to comer
of lot No. 3, now or lately owned by Peter McCiann,
and thence along said McGann's lot 47)4 feet to comer
of lot No. 14, thence along lot No. 14, 175 feet to cor-
ner in line of said ^foot street, thence alon^ said street
47^ feet to the place of beginning, containing about
8,313 square feet of land : improvements, a two-story
frame clwelling house, 18 feet wide and 38 feet long,
with a fine porch in front and a one-story brick kitchen
in rear, a i^-story bam or stable, X3 feet wide^ about
16 feet long, a so<>d well, and a large number of grow-
ing fmit trees thereon.
6
Suit of Lazarus Moyer v. C. J. Gallagher.
303 May term, 1882. Debt. ^55.50. Al. fi. &. 56
May term, 1883. O'Ndll, Att'y.
All that lot of land in the borough of Freeland, be-
ginning at a comer on the southwest comer Main and
Washington streets, thence by south side of Main
street 45 feet 10 inches to a comer, thence by land now
or late of James Berkbeck 150 feet to a comer in line
of an alley, thence by said alley 45 feet 10 inches to a
comer on the west side of Washington street, thence
by line of same 150 feet to the place of beginning, con-
uining 6,825 square feet of land ; all improved, with a
two-story frame dwelling house, with slate roof, used
as a hotel, and other improvements thereon.
7
Suit of Calvin Parsons v. John G. Jones.
367 May term, 1883 Debt, $v>o. Fi. fa. 58 May
term, 1883. *'owell. Dunning, Att'ys.
All the surface of lot of land in Plains township, be-
ing lot No. a8 ia plot of lots laid out by Calvin Parsons,
bf^inning at a comer of lot No. 39, thence xoo feet to
a lo-foot wide alley, thence along said alley 50 feet to
a comer of lot No. 27, thence xoo feet to Oliver street,
thence along Oliver street 50 feet to place of b^nniitg,
contining 5,000 .«quare feet of land.
8
Suit of C. J. Volkenand, assigned to Peter Deisrocb,
V. Martin Kngelhart.
9^Septemberterm, i88x. Debt, real, $x,xq5. Fi.fii.
68 May term, 1883. Patrick, Att'y.
X. iJot of ground on the south side of Broad street,
in the borough of Hazleion, commencing at a disuoce
of 310 feet westward from the west side of Vine street,
containing in front or breadth on Broad street 30 feet,
and extending of that breadth in length or depth south-
ward 150 feet to Mine street.
2. Another lot in said borough, on the south side of
Green street, being part of square No. 4 in plan of said
town, commencing at a disunce of 333 feet 4 inches
westward from the west side of Cedar street 33 feet 4
inches, and extending of that breadth m length or
depth southward X50 feet to Spruce alley, bounded
north by Green street, east by lou formerly of Bacha ,
south by Spruce alley, and west by land fbrmeriy of
Hazleton Coal Co. ; improved, with a frame dweUing
house and outbuildings tnereon.
9
Suit of Abijah S. Davenport v. Emily Keizer
167 April term, 1879. Debt. $1,990.00. Vend, ex
64 May term. 1883. Stutves, Att'y.
I. 1 he surface of all that lot of land in the township
of Plymouth, being lot No. 40, in the second tier,
fourth divinion of cerified Plymouth, bounded north-
easterly by lot No. 38, northwesterly by lot No. 41,
south wesieHy by lot No. 42, and southeasterly by lot
No. 50, containing 118 acres and X03 perches and aUow*
ance ; unimproved.
3. Th^ surfiace of that lot of land in the boroiigh of
Ashley, beginning at a point on the southeast side of
Hartford street, about 50 feet from the center of an
alley, on line of lands sold to Arnold Bertels, thence
southwesterly parallel with said alley 94 feet, more or
less, to a comer, thence southeasterly parallel with
said Hartford street about 70 feet to a comer, thence
northeasteriy at right angles to the last mentioned cor-
ner about 94 feet to Hartford street aforesaid, thence
northwesterly along Hartford street about 70 feet to
the place of beginning ; improved, with one tj/i-story
frame dwellins house, outDuildings, fmit trees, and
well of water thereon. t7-t9
i
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, May ii, 1883. No. 19.
Qrxfxtmt drottrt of JJennsgteania.
Lehigh Coal and Navigation Co. v. Brown ^/ a/,
t. The payment of tolls exacted by a canal company, whose right to the same is disputed, but
which, by the exercise of threats and other means of coercion, compels the parties to accede to
Its demands, or be put to considerable loss in their business, are such involuntary payments that
the company will be compelled to make restitution upon suit for their recovery.
3. If the jury find that a person without authority wrongfully collects money, and it is paid involun-
tarily, it may be recovered back.
3. Rule laid down by Mr. Justice Field in Brumigan v. Tillinghast (x8 Cal. 972) adopted as to what
are involuntary payments.
4. What are involuntary payments a question of fact for the jury.
Error to the Court of Common Pleas of Luzerne county.
The opinion of the court was delivered October 2, 1882, by
Sterrett, J. — It is conceded the plaintiffs below were not
entitled to recover back the amount of tolls paid by them to the
Lehigh Coal and Navigation Company without proving to the
satisfaction of the jury: first, that the navigation company wrong-
fully and without authority demanded and collected the tolls in
question ; and, second, that the payment of the tolls by the plain-
tiffs was involuntary. If they failed to establish either of these
propositions the verdict should have been in favor of the defend-
ant below.
The question involved in the former proposition is presented
by the first three specifications of error. In disposing of it the
court below was called upon to construe the charter of the navi-
gation company, including the several acts supplementary thereto.
This has been so fully and satisfactorily done by the learned
judge in his general charge and answers to points submitted by
Digitized by VjOOQ IC
ii6 Lehigh Coal and Navigation Co. v. Brown.
counsel, that it is unnecessary to add anything to what is there
said. Having thus correctly construed the several acts of
Assembly bearing on the subject, he then instructed the jury
that the navigation company was not authorized to collect tolls
on logs floated down the Lehigh river to the mouth of Wright*s
creek, if they found from the evidence that the artificial naviga-
tion was destroyed in 1862, and the company had neither recon-
structed nor elected to reconstruct the same. As to these
matters of fact, there was practically no conflict of testimony, and
the verdict being in favor of the plaintiffs below, the question of
the navigation company's right to collect the tolls in controversy
was thereby determined in the negative. We fail to discover
any error in the rulings of the court on that subject, and hence
the first, second, and third assignments are not sustained.
The question involved in the second proposition, as to whether
the tolls in controversy were voluntarily or involuntarily paid, is
raised by the fourth, fifth, and sixth specifications. The com-
plaint in the fourth assignment is, that the court refused to aflfirm
defendant's second, third, and fourth points, and thereby with-
draw the question of involuntary payment from the jury. Under
the testimony in the case, that became a question of fact for the
jury, and it appears to have been submitted to them with proper
instructions. In affirming the second point of plaintiffs below,
which is the subject of complaint in the fifth assignment, the
learned judge charged the jury that if the plaintiffs denied the
right of the company to collect the tolls, that the company
threatened to stop the logs, in case of non-payment, by drawing
the water from the dams at White Haven, that it had the ability
to carry the threat into execution, and that the tolls were paid
under such a state of facts, then the payments were not voluntary
and may be recovered. He also charged, in answering the point
covered by the sixth assignment, that if the payments were made
under a threatened exercise of power (possessed or supposed by
the plaintiffs to be possessed by the company) by its agent or
servant, acting within the general scope of his authority over the
property of the plaintiffs, the money thus paid can be recovered;
but the threat of an agent, not acting within the general scope of
his authority, would not make a payment to him, under those
Digitized by VjjOOQIC
Lehigh Coal and Navigation Co. v. Brown. 117
circumstances, involuntary. In further elucidation of these
instructions, the learned judge, in his general charge, summarized
the facts which the plaintiffs below were required to prove before
they could recover, as follows, to wit: that their mill was located
on the company's pool; that the company had the power to
draw off the water in the pool; that such action would render it
practically impossible to get out their logs, and thus prevent
them from using the stream for the purpose of floating or driving
logs from their lands above; that the plaintiffs denied the right
of the company to collect the tolls in question; that the com-
pany, or its agent, acting within the general scope of his author-
ity, before the tolls were paid, and before the logs were delivered,
declared to plaintiffs that if the tolls were not paid the water
would be drawn off from the dams, and plaintiffs would have
been thus prevented from getting out their logs if the threat had
been executed, and that this threat was repeated from time to
time, and was the cause which induced the plaintiffs to make the
payments. Assuming, as we must necessarily do, that the jury
obeyed their instructions, the facts above specified are conclu-
sively established by their verdict. Can there be any doubt,
then, that, upon the facts so found, the plaintiffs below were
entitled to recover? We think not. They bring the case fairly
within the rule stated by Mr. Justice Field in Brumigan v,
Tillinghast (18 California, 272), in which, after discussing the
English and American cases on the subject of involuntary pay-
ments, he says: "What shall constitute the compulsion or coer-
cion which the law will recognize as sufficient to render the
payments involuntary, may often be a question of difficulty. It
may be said in general that there must be some actual or threat-
ened exercise of power, possessed or supposed to be possessed
by the party exacting or receiving the payment, from which the
latter has no other means of immediate relief.** According to
the finding of the jury in the case before us, there was a threat-
ened exercise of power possessed by the company, which, if it
had been carried into execution, would have practically ruined
the business of the plaintiffs below. The jury has found that the
threat, repeated from time to time, had the effect of coercing
payment of the tolls. The plaintiffs below had no other means
Digitized by VjjOOQIC
ii8 Lehigh Coal and Navigation Co. v. Brown.
of immediate relief. They were compelled either to submit to
the unlawful demand of the company, or run the risk of having
their business practically destroyed or seriously interrupted.
The same general principle is recognized in some of our own
cases. Hospital v. Philadelphia County, 12 Harris, 229; White
V, Heylman, 10 Casey, 142; Motz v. Mitchell, 10 Norris, 114,
and cases there cited. In the former case it is said, " where a
party has been compelled by duress of his person or goods to
pay money for which he is not liable, it is not voluntary, and he
may rescue himself from such duress by payment of the money,
and afterwards, on proof of the fact, recover it back ; " and in
support of this doctrine Astley v, Reynolds (2 Strange, 915) is
there cited. In that case the plaintiff had pawned a lot of plate
as security for a loan for twenty pounds. In due time he oflFered
to redeem the pledge, and in addition to the principal tendered
more than sufficient to cover the interest t9 which defendant was
entitled, but the latter demanded ten pounds interest. After
repeating the tender without success, he finally yielded to the
exorbitant demand of defendant, paid the ten pounds, and then
brought suit to recover the excess over the legal interest. It
was contended that the payment, being made with full knowledge
of all the facts, was voluntary; and that plaintiff, having made a
sufficient tender, might have maintained an action of trover and
conversion, etc. But the court, in entering judgment in his
favor, said: "The plaintiff might have such immediate want of
his goods that an action of trover would not do his business.
Where the rule, volund non fit injuria, is applied, it must be
where the party had his freedom of exercising his will, which
this man had not. We must take it that he paid the money,
relying on his legal remedy to get it back again."
The remaining assignments are not sustained. The testimony
was quite sufficient to justify the court in submitting the question
of involuntary payment to the jury. There is no error in the
ruling of the court in regard to interest.
Judgment affirmed.
Hon. Andrew T. McClintock and Charles Gibbons, Esq., for
plaintiff in error.
Hon. Henry W. Palmer and G. L. Halsey, Esq., contra.
Digitized by VjjOOQIC
Book Notice. 119
BOOK NOTICE.
Practice and Process in the Orphans* Court of Pennsyl-
vania, embracing also the laws relating to the settlement
and distribution of the estates of decedents, the management
of the estates of minors, and the construction of testamentary
trusts and wills, in the Courts of Common Pleas and Equity.
By Hon. D. L. Rhone, President Judge of the Orphans' Court
of Luzerne county. In two volumes. Rees Welsh & Co.,
Philadelphia. Volume I., pp. 792.
The announcement, a few years ago, that Judge Rhone had
undertaken to prepare a treatise on the law of decedents* estates
in Pennsylvania was hailed with pleasure by the profession. The
need of such a work was keenly felt, and Judge Rhone's eminent
fitness for the task led us to form great expectations of the man-
ner of its accomplishment. Those expectations are richly satis-
fied in the volume before us. It is destined to become the
invaluable aid of every actice practitioner in Pennsylvania. Ex-
cellent books, no doubt, we already have in this department,
notably Scott on Intestates — all, however, special in their scope,
and not sufficiently contemporaneous to be complete even in
their specialty. What we needed was a complete manual, for
practical use, of the law pertaining to decedents' estates, and such
a manual, thanks to Judge Rhone, we now possess. The table
of contents, with its alphabetical list of the subjects treated, will,
perhaps, convey a better idea of the scope, than does the title
page. Accounts, actions, advancements, attachments, auditors,
bonds, collateral inheritance tax, contracts, debts, deeds, descent,
devise, distribution, errors and appeals, escheat, evidence, execu-
tions, executors and administrators, exemption, fees, costs and
expenses, foreign executors, etc., guardian and ward, husband
and wife, injunction, interest, investments, issues, legacies and
annuities, letters testamentary, etc., liens, life estates, orphans*
courts, partition, personal property, practice and process, real
estate, records, registers and registers* courts, release and satis-
Digitized by VjjOOQIC
120 Book Notice.
faction, removal and discharge, review, sureties, taxes, testamen-
tary trustees, uses and trusts, wills — such is the vast field of
investigation covered by this work.
In the treatment about four thousand cases are cited, com-
prising all of the reported decisions pertinent, not only of the
Supreme Court, but also of the courts of those counties having
local legal publications, specially Philadelphia, Pittsburg, Chester,
Luzerne, Lancaster, and York. The point of each decision is
stated, not in the language of the syllabus, so often inaccurate,
but in the learned author's own words, plain, forcible, and direct.
The mechanical arrangement and execution are admirably
adapted for convenient and ready reference.
Want of space forbids the extended review which the book
deserves. We need only observe that it forms no unworthy
achievement wherewith to crown a career of activity and useful-
ness at the bar and upon the bench. Judge Rhone has well paid
the debt which every lawyer owes to his profession.
A point has position, but no size. That is probably the rea-
son why so many fail to " see the point."
When a drummer gets the mumps it increases the size of his
face without adding anything to his inherent cheek.
"A poet is born, not made," is the ancient assertion. That 's
the reason so many callow rhymers act like "natural bom fools."
"At last I know there is such a thing as a cold snap," remarked
the burglar to the sheriff as he clapped the steel shackels on the
shekel stealer.
Digitized by VjjOOQIC
SHERIFFS SALES.
Ahstiaa of property lo be sold by Wm. O'Mallcy,
Sheriff of Luzerne county, on Saturday, May 19th,
A. D. 1883. at 10 o'clock A. M.. at the Arbitration
room, in the Court Hoose, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are number, to wit :
X
Suit of J. E. Bulkeley v. William Howey.
57 April term, 1882. Debt, |85.c^. Vend. ex.
May term, 188^. Bnindage. Att'y.
A lot of land in the city of Wilkes- Barre, Spinning
at a comer on Lehi^ street and corner of land now or
late of William Millham, thence 40 feet along said
Lehigh street to land now ur late of^ H. Carps, thence
along said Carps' land about 68 feet to a comer in line
of land of R. McGrath, thence along line of said Mc-
Grath's to comer of alley in line of land of said Wm.
MiUham, thence along hne of land of said Wm. Mill-
ham about 93 feet to the beginning: havine erected
thereon one two-story frame dwelling and outbuildings.
a
Suit of the Huntington Township School District v.
Bias Hoffman, Martha Williams, William KtUian.
35 September term, x88o. Debt, ^135. Vend. ex.
41 May term, 1883. Dorrance & Price, Att'ys.
All that lot of land in Huntington township, bounded
00 the east by lands of Perry Munroe, on the north by
lands of Geo. Wagner, on the west by lands of D. M.
Williams, and on the south by lands of A. Harvard
and T. Franklin, containing about 80 acres; all im-
proved, except about 4 acres of woods, with one large
i^-story frame house, two bams, and other outbuild-
ings thereon ; also an orchard.
3
Suit of Andrew Brydcn v. William Bryden.
ai^ January term, 1883. Debt, ^1,500. Al. fi. fa.
48 May term, 1883. Ferris, All'y.
I. All the surface of the following piece of land in
the borough of Pituton, beginning at tne corner of lot
No. 19 on Swallow street, thence in a southerly direc-
tkm by lot No. 19, 150 feet, thence in a northwesterly
(Erection 50 feet to a comer of lot No. 15, thence in a
Qortheasterly direction by lot No. 15, 150 feet to a
corner on Swallow street, thence in a southeasterly
direction by Swallow street 50 feet to the place of be-
gianing, containing 7,500 square feet of land, more or
(eas, being lot No. 17 on Swallow street; all improved,
with a two-story frame dwelling house thereon.
a. Also the surface of one other piece of land in the
borough of Pittston, being lot No. 19 on Swallow
street, and being 50 feet on Swallow street, and extend-
ing at nght angles to said street 150 feet, containing
7,500 sqtiare feet of land, more or less ; all improveo,
with outbuildings and a number of fruit trees thereon ;
laid lot No. zo is immediately adjoining the above
described lot No. 17.
Suit of the Miners' and Mechanics' Building and
Loan Association of Plainsville v. John Nolan and
Patrick Gorman, Administrators of James Gorman,
deceased.
5 May term, 1876. Debt, I3Z4.90. Al. fi. &. 71
[ay term, 1883. Lamb, Att'y.
All that piece of land in the township of Plains, be-
zinning at a comer by the lands of^ the Wyoming
Valley Coal Company on the plank road, leading firom
Wilkes-Barre to Pittston, thence in a westerly dlrec-
I tion about 1x5 feet to the Lehigh and Susquehanna
Railroad, thence along said railroad northeasterly 74
feet to the land of John Pryor, thence easterly about
115 feet to the said plank road, thence along the same
about 75 feet to the place of beginning ; all improved,
with a Iai];e two-story frame building, with one two-
storr addition in rear, board shanty, outhouses, etc.,
used as a hotel ; also a two-story frame dwelling house,
with one-story addition, frame oara, and outbuildings,
and truit trees thereon ; coal and minerals reserved.
Suit of Peter Garvin v. Patrick Garvin.
98 April term, 1880. Debt, $ay>. Al. vend. ex. 31
Blay term. 1883. McLean & Jackson, Att'vs.
The following piece of land in the city of WUkes-
Barre, 14th wara, beginning at a comer in line of a
4'.
30-fbot street, and mnning thence along lot No. x6,
now or lately owned by Michael Gill, 175 feet to comer
of lot No. a, now or lately owned by Peter McGann,
and thence along said McGann's lot 47^ feet to comer
of lot No. 14, thence along lot No. 14, 175 feet to cor-
ner in line of said ^o-foot street, thence along said street
47^ feet to the place of beginning, containing about
8,31a square feet of land ; improvements, a two-story
frame dwelling house, x8 feet wide and a8 feet long,
with a fine porch in front and a one-story brick kitchen
in rear, a z >^-8tory barn or stable, za feet wide^ about
t6 feet long, a good well, and a laige number of^ grow-
ing fruit trees Uiereon.
6
Suit of Lazaras Moyer v. C. T. Gallagher.
ao3 May term, Z882. Debt. #355.50. Al. fi. fa. 56
May term, Z883. O'Neill, Att'y.
All that lot of land in the borough of Freeland, be-
einning at a comer on the southwest comer Main and
Washington streets, thence by south side of Main
street 45 feet zo inches to a comer, thence by land now
or late of James Berkbeck 150 feet to a comer in line
of an alley, thence by said alley 45 feet zo inches to a
comer on tne west side of Washington street, thence
by line of same Z50 feet to the place of beginning, con-
taining 6,825 square feet of land ; all improved, with a
two-story frame dwelling house, with ^ate roof, used
as a hotel, and other improvements thereon.
7
Suit of Calvin Parsons v. John G. Jones.
267 May term, Z883. Debt, $wo. Fi. fa. 58 May
term, 1883. ''owell. Dunning, Att'ys.
All the surface of lot of land in Plains township, be-
ing lot No. a8 u\ plot of lots laid out by Calvin Parsons,
beginning at a comer of lot No. 39, thence zoo feet to
a xo-foot wide alley, thence along said alley 50 feet to
a comer of lot No. 37, thence zoo feet to Oliver street,
thence along Oliver street 50 feet to place of beginning,
contining 5,000 square feet of land.
8
Suit of C. J. Volkenand, assigned to Peter Deisroth,
V. Martin Engelhart.
68
93 September term, z88z. Debt, real, $z.zq5. Fi.fe.
i May term, Z883. Patrick, Att'y.
z. Lot of ground on the south side of Broad street,
in the borough of Hazleton, commencing at a distance
of 3Z0 feet westward from the west side of Vine street,
containing in front or breadth on Broad street 30 feet,
and extending of that breadth in length or depth south-
ward X50 feet to Mine street.
a. Another lot in said borough, on the south side of
Green street, being part of square No. 4 in plan of said
town, commencing at a distance of 333 feet 4 inches
westward from the west side of Cedar street 33 feet 4
inches, and extending of that breadth in length or
depth southward Z50 feet to Spruce alley, bounded
north by Green street, east by lots formerly of Bachei .
south by Spmce alley, and west by land formerly or
Hazleton Coal Co. ; improved, witn a frame dwelling
house and outbuildings thereon.
9
Suit of Abijah S. Davenport v. Emily Keizer
z6^ April term, Z879. Debt, ^,990.00. Vend. ex.
64 &fay term, Z883. Sturges, Att'y.
t. The surnce of all that lot of land in the township
of Plymouth, being lot No. 40, in the second tier,
fourth division of cerified Plymouth, bounded north-
easterly by lot No. 38, northwesterly by lot No. ax,
southwesteriy by lot No. 4a, and southeasterly by lot
No. 50, conutning zz8 acres and Z03 perches and aflow-
ance; unimproved.
a. The surface of that lot of land in the borough of
Ashley, beginning at a point on the southeast side of
Hartford street, about 50 feet from the center of an
alley, on line of lands sold to Arnold Bertels, thence
southwesteriy parallel with said alley 94 feet, more or
less, to a comer, thence southeasterly parallel with
said Hartford street about 70 feet to a comer, thence
northeasterly at right angles to the last mertioned cor-
ner about 94 feet to Hartford street aforesaid, thence
northwesterly along Hartford street about 70 feet to
the place of beginning ; improved, with one zj^-story
frame dwelline house, outbuildings, imit trees, and
well of water thereon. «7-»9
Digitized by VjjOOQIC
WIDOWS' APPRAISEMENTS. |TN
Notice is hereby given to all persons concerned,! X b
RE INCORPORATION OF EDWARDS
, „ ^ borough, in the county of Luzerne. Application
that widows' appraisements in the following estates, having been made to the Court of Quarter Sessions of
hare been approved nisi by the Orphans' Court of Luzerne county by certain citizens of Kingston and
Luzerne county, and, unless exceptions are filed, will! Plymouth townships, askirtg that certain territory
be presented for final approval on Monday, the 14th, therein described should be incorporated into a bor-
day of May, 1883 : ough, to be named Edwards, the court, on the 16th
John M. Stackhouse, Elisha Athcrton F. V. Taylor, 'day of April, 1883, directed the petition to be filed, and
Eager Green, and John Barney, deceased. 1 fixed May 29th, 1883, at 9 o'clock A. M., as the time
JOSEPH HENDLER. for presenting the same before the Grand lury fcr
17-19 Clerk O. C. 'approval thereby ; notice to be given thereof by publi-
— - - — — — Icaiion according to law.
TO BE AUDITED BY THE In pursuance thereof, notice is hereby gfven to all
Orphans' Court of Luzerne county. Notice is R.^"'f ""*^***^** »?)?f P^*^*'"* ^""^ **ll^'*"^i"?'
hereby given that accounts have been filed and con- if ^^V ^^ <*«"^' =** »»>« ""« ^^^^ ^ above stated by
firmed absolutely by the court in the following estates :
X. Dorothea Rimbach ; William Kauffman, Admin-
istrator: 15th May, 1883.
2. John B. Wood ; John G. Wood, Trustee ; 15th
Perry; A. H. Holcomb, Executor; 17th
May, i«8^.
3. Ira Sackett ; Henry W. Dunning, Administrator ;
x6ih May, i88j.
4. A. J. Pringle; Abram Nesbitt, Administrator;
16th May, 1883.
5. Mary A. P<
May, 188^.
6. Philip Marks; Henry Cohen, Administrator; 17th
May, 1883.
7. Stoddart Driggs; Charles M. Driggs, Adminis-
trator; 1 81 h May, 1883.
8. Fanny Bamum; Amos Sax, Executor; iSthMay,
1883.
9. Sarah Morrison ; I. P. Hand, Administrator; 21st
May, 1883.
xo. Elisha Nulton ; D. W. Nulton, Administrator
2ist May, 1883.
IX. Christian Arnold; W. F. Martz, Administrator
d. b. n. ; 22d May, 1883.
12. George Woodring; Reuben Thomas, Executor;
22d May, 1883.
X3. Rev. George Peck; Rev. George M. Peck,
Executor; 23d May, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they see fit, and present their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER.
X7-X9 Clerk O. C.
the court.
16-19
H. B PAYNE.
Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitled "An Act to provide
for the incorporation and regulation of certain corpora-
tion," approved April 29th, 1874, and the supplements
thereto, for the charter of an intended cor|x>ration, to
be called " The Franklin Coal Company," the charac-
ter and object of which is to purchase, lease, hold, sell,
lease, and conxey coal lands, to mine and quarry coal
therefrom, and to prepare coal for market, to buy, sell,
and ship coal, ana to transact all business connected
therewith, and for these purposes to have, possess, and
enjoy all the rights, benefits, and privileges conferred
by the said Act of Assembly and its supplements.
HENRY S. DRINKER,
18-20 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be madeundcr the Act of Assem-
bly, entitled "An Act for the incorporation and regula-
tion of banks of discount and deposit," approved May
X3, 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county, Pa., the character
and objects of which are the carr^'ing on the general
business of banking as a bank of deposit and discount.
W. H. HINF^S,
14-24 Solicitor.
8
ESTATE OF JOSHUA VINCENT. LATE OF
Exeter township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tncm
tor payment, and those indebted thereto will please
make immediate payment to
SUSANNA VINCENT,
BENNETT & NICHOLS, Administratrix.
Attorneys. 14-19
ESTATE OF ELLEN MADDEN, LATE OK
Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
EDWARD GILLORAN,
14-19 Administrator.
ESTATE OF I AMES BIRTH, LATE OF ROSS
township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tncm
for payment, and those indebted thereto will please
make immediate payment to
JAMES CROCKETl*,
i6-2x Administrator.
ESTATE OF NILS JOHNSON, LATE OF THE
borough of Parsons, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN JOHNSON,
16-21 Administrator.
TESTATE OF EMILY H. DARLING, LATE OF
Ci Wilkes- Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all pet-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
E. P. DARLING,
17-22 Administrator.
ESTATE OF CHARITY PRINGLE. LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JACOB G. PRINGLE, Adm'r,
McKune's P. O., Falls Twp., Wyoming Co., Pa.
R. C. SHOEMARER,
14-19 Attorney.
I
Digitized by VjjOOQIC
ESTATE OF THOMAS DODSON, LATE OF
Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to
JOHN DODSON,
GEORGE P. RICHARDS,
H. C. MAGEE, Executors.
Attorney. 18-93
ESTATE OF JOHN REED, LATE OF THE
borough of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
HANNAH REED,
GEO. S. FERRIS, Administratrix.
Aitoniey. 18-23
ESTATE OF WASHINGTON LEE. LATE OF
the city of New York, deceased.
Letters testamentary upon the above named estate
having been granted to tnc undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOSEPH STICKNEY,
R. SUYDAM GRANT,
E. P. & J. V. DARLING, Executors.
Attorneys. 18-23
ESTATE OF ANTHONY SCHAPPERT, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment^ and those indebted thereto will please
make immediate payment to
BARBARA SCHAPPERT,
L. B. LANDMESSER, Administratrix.
Attorney. 17-22
ESTATE OF AUGUST STEPHENS, LATE OF
Plymouth, deceased.
Letters of administmtion upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
J. W. ENO,
O. F. NICHOLSON, Administrator.
Attorney. 17-22
ESTATE OF FRANCES S. KNAPP, LATE OF
Pitts ton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
AVERY KNAPP,
F. C. MOSIER, Adminitrator
Attorney. 17-
ESTATE OF SAMUEL HARRIS, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please '
make immediate payment to
LORENZO D. HARRIS,
; E. G. BUTLER, Administrator.
Attorney. 17-22
1
ESTATE OF RICHARD DEARIE, LATE OF
Wilkes-Barre, deceased,
letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
th^m for payment, and those indebted thereto will
plsase make immediate payment to
GEORGE DEARIE,
A. FARNHAM, Administrator.
Attorney. 16-21
ESTATE OF lOHN SIMMER, LATE OF THE
township of Newport, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JAMES M. NORRIS,
W. S. McLEAN, Administrator.
Attorney. i6-ai
ESTATE OF ANDREW LEE, LATE OF THE
city of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
E. P. DARLING,
JOHN WROTH,
6-21 Executors.
ESTATE OF CORNELIUS O'NEILL, LATE
of Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
CATHARINE SHEA.
JOHN T. LENAHAN, Administratrix.
Attorney. i7.aa
ESTATE OF ELLEN O'NEILL, LATE OF
Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same wiU present
them for payment, and those indebted thereto will
please make immediate payment to
CATHARINE SHEA,
JOHN T. LENAHAN, Administratrix.
Attorney. 17-22
ESTATE OF ELIZABETH ASHELMAN,
late of West Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
hating claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
PETER ASHELMAN,
E. D. NICHOLS, Executor.
Attorney. 17-22
ESTATE OF A. G. RICKARD, M. D., LATE
of Plymouth, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all
persons having claims aeainst the same will present
them for payment, and Uiose indebted thereto will
please make immediate payment to
LIVA A. RICKARD,
R. N. SMITH,
R. D. EVANS, Administrators.
Attorney. 17-22
Digitized by VjjOOQIC
ESTATE OF DANIEL FOLEY, LATE OF
Plymouth, deceased. I
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
MARY E. FOLEY,
19-S4 Executrix.
NOTICE IS HEREBY GIVEN THAT ADAM
Dombroski has filed his application to keep a
hotel in the office of the Ocrk of the Court of Quarter
Sessions ol Luzerne county, and that said application
will be heard by the court on Saturday, June 3d, 1883,
L. K. stRENG,
19-ai Clerk Q. S.
ESTATE OF HUGH CRAWFORD, LATE OF
Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons;
having claims against the same will present them for
|>ayment, and those indebted thereto will please make
mmediate payment to
HUGH R. CRAWFORD,
JOHN RICHARDS, Executor.
Attorney. «9-a4
pa;
im
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 97, February term, 1883. Libel in divorce a vin-
culo matrimonii. Rebecca H. Batenian, by her next
friend, Joseph Heath, v. Henr)r Bateman. The alias
subpoena in the above case havine been returned non
est inventiis,you,the said Henry Bateman, are herebv
notified to appear at said court, on Monday, the 4tn
day of June, 1883, at 10 o'clock A. M., to answer the
complaint therein filed.
WILLIAM O'MALLEY.
HARDING & McGAHREN, Sheriff.
Solicitors. 19-33
ESTATE OF EDMUND TAYLOR, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN TAYLOR,
19-34 Administrator d. b. n. c. t. a.
ESTATE OF GEORGE BROWN, LATE OF
Conynsham township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
REUBEN SWANK,
19-34 Administrator.
ESTATE OF MARIA POWELL, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
GRIFFITH THOMAS,
F. C. MOSIER, Administrator.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the onice of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Solomon Davidson, and that said license will be asked
for in the court aforesaid on Monday, the 18th day of
June, 1883, at 10 o'clock A. M.
GUSTAV HAHN,
19-90 Solicitor.
NOTICE IS HEREBY GIVEN THAT APPLI-
cation will be made to the Court of Quavter
Sessions of Luzerne county for the purpose of annex-
ing to the borough of Hazleton a certain tract of land
amoining the same to the northward, and known as
Diamond addition, together with the Lehigh Valley
Railroad plot north of said borough, west of Pine
street, extended and adjoining said Diamond addition.
GEORGE H. TROUTMAN,
19^1 Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. A3, January term, 1883. Libel in divorce a vinculo
matrimonii, fcate F. Leonard, by her next friend,
Geo. N. Reichard, v. Charles H. Leonard. The alias
subpoena in the above case having been returned non
est inventus, you, the said Charles H. Leonard, are
hereby notified to appear at said court, on Monday,
the 4th day of lune, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
E. P. & J. V. DARLING, Sheriff.
Solicitors.
l8-8t
IN THE COURT OF QUARTER SESSIONS
of Luzerne county. No. 66, January sessions,
1883. In Re Division of the township of^ Ross into
three Election Districts. Notice is hereby given that
the report of the Commissioners in the above stated
case has been filed with the Clerk of the Court of
Quarter Sessions, and was confirmed nisi by the court
on the 30th of April, 1883, and that said report will be
confirmed absolutely by the court, unless exceptions
thereto be filed not later than the third day of the next
term of said court.
LOUIS K. STRENG.
i8-ao Clerk Q. S.
MoLEAN & JACKSON,
Attorneys at Law,
Wilkbs-Bakrs, Pa.
CHAS. D. FOSTER,
Attorney at Law,
Wilkbs-Barhb, Pa.
W. S. PARSONS,
Alderman,
Market Strbbt, Wilkks>Barrb, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Public,
Wilkbs-Barrb. Pa.
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, May i8, 1883. No. 20.
(JTourt of Common JJUoa of Cnjcrne (ttonntg.
Swallow v. Red Ash Coal Co.
Appeal /ram justict 0/ tJu peace—Striking off— IVagex 0/ labor— Prttctic*. ^
The rule laid down in Gordon r. Snyder (is Luc. Leg. Reg. 91), as to the practice in cases of unau-
thoriced appeals, followed.
Ride to show cause why appeal should not be stricken off.
The opinion of the court was delivered May 14, 1883, by
Rice, P. J. — That the above was the proper rule to enter in
this case is decided in Gordon v, Snyder (12 Luz. Leg. Reg. 91).
In response to the rule, the defendant should have taken deposi-
tions to show that the omission to file the proper affidavit was
caused by the fault, fraud, or misconduet of the magistrate, and
that the defendant corporation was guilty of no laches. An ex
parte affidavit will not suffice. It is time that the requirements
for an appeal from a judgment for the wages of manual labor
were understood, but as there has been some confusion as to the
practice in taking advantage of defects in taking such appeals, we
feel compelled to permit the defendant to show, if such be the
fact, that there was no fault on their part, as is alleged in their
affidavit. See Burd v. Long.
And now. May 14, 1883. '^ *s ordered that the above rule stand
over until next argument court, with leave to the defendant in
the meantime to take depositions.
Jas. L. Lenahan, Esq., for plaintiff.
J. A. Opp, Esq., for defendant.
Digitized by VjjOOQIC
122 Devert V, Lehigh Valley Coal Zo,
dotirt of dommcni |pUas of Cujenu dotmto.
Devert v, Lehigh Valley Coal Co.
Ntgiigence—Non-tuit.
1. In the absence of eridence to the contrary, a boy between fifteen and sixteen years of age is pre*
sumed to have sufficient capacity and understanding to be sensible of danger, and to have the
power to avoid h.
2. If he knew the risks, and continued in the employment, it was his duty to exercise that judgment
and discretion which the law imputed to him.
3. If, in performing the duties of his employment, he unnecessarily puts himself in a place of known
danger, and an accident results, he is chargeable with contributory n^igence.
4. In such case the father cannot recover, although notice was not given to him that the employment
had been changed.
* Rule to show cause why compulsory non-suit should not be
taken off.
The opinion of the court was delivered May 14, 1883, by
Rice, P.J. — ^We have re-examined with great care the evidence
submitted on the trial of this case, and have fully reconsidered
the reasons which we then thought were conclusive against the
plaintiff's right to recover, but we still think that the granting
of the non-suit was required. The deceased was a minor, but he
was under no compulsion on that account to accept a more
hazardous employment than that in which he was first engaged.
He had driven through the gangway repeatedly during the two
weeks immediately previous to the accident. He was between
fifteen and sixteen years of age, and it was not shown that he did
not have that discretion and intelligence which is usual with boys
of that age. If it is to be legally presumed, as is decided in the
case of Nagle v. The Allegheny Valley R. R. Co. (7 Norris, 35),
that he had sufficient capacity and understanding to be sensible
of danger, and to have the power to avoid it, he must certainly
have known and appreciated the danger of riding in the car
through the section of the gangway in question, whether reason-
able care and skill had been exercised in its construction, or
whether it was defective. If the employment in which he was
engaged was in itself necessarily dangerous, and he voluntarily
. Digitized by VjjOOQIC
Empire Building and Loan Association v, Morris. 123
continued in it, knowing the risks, whether general or special
in their character, it was his duty to exercise that judgment and
discretion which the law imputed to him. If, in performing the
duties of his employment, he unnecessarily put himself in a
place of known danger, he was chargeable with contributory
negligence. In whatever light we regard the evidence, we con-
clude, without further elaboration, that it was our plain duty to
declare that this was one of those painful accidents for which the
law does not furnish a remedy in damages.
The rule is discharged.
T. R. Martin and D. L. O'Neill, Esqs., for plaintiff.
H. W. Palmer and J. V. Darling, Esqs., for defendant.
Court of dontmon Ipkaa of Cujerne (iTountj.
Empire Building and Loan Association v, Morris.
judgment— StriJcing off'— Fraud.
I. A tcir* facias had issued against, and been served on, a defendant to revive a judgment contain-
ing a waiver of exemption. The defendant, not wishing to proceed further in his defense,
confessed a judgment, in which he waived the benefit of the exemption law. He swore that he
could not read En^ish, and did not Icnow that the paper contained such waiver. There was
not sufficient evidence of fraud or misrepresentation to submit to a jury. Upon these £cicts it
was held, on a motion to strike off the judgment, that his ignorance ot the language was not a
sufficient cause for such action.
a. If a person who cannot read does not ask to have a paper, presented for his signature, read or
explained to him, he is guilty of supine negligence, and unless fraud or misrepresentation be
dearly shown, the paper will not be set aside.
Rule to show cause why judgment should not be stricken off
The opinion of the court was delivered May 14, 1883, by
Rice, P. J. — The present rule was based on the defendant's
sworn allegation that the confession of judgment was signed in
blank, and that subsequently a waiver of inquisition and exemp-
tion was inserted without his knowledge, and contrary to the
express understanding of the parties. We cannot find from all
the testimony that this allegation is sustained, nor that there is
sufficient conflict of evidence as to the fact to warrant us in
awarding an issue. Neither can we conclude that there was
Digitized by VjjOOQIC
124 Clark v, Sullivan.
misrepresentation as to the contents of the instrument when the
defendant signed it. The defendant swears that he cannot read
English writing or print to understand it. Assuming this to be
so, it is quite possible that he did not understand that the paper
contained the waiver of exemption. This fact alone, without
proof of fraud or misrepresentation, would not constitute a suffi-
cient cause for setting aside the paper, or the judgment founded
on it. It was his duty to have required the paper to be read or
explained to him, and not having done so, he was guilty of
supine negligence, which is not the subject of protection, either
at law or in equity. Greenfield's Estate, 2 H. 496; Pennsylvania
R. R. Co. V, Shay, i Nor. 198.
The rule is discharged.
F. W. Wheaton, Esq., for plaintiff.
D. M. Jones, Esq., for defendant.
(JTonrt of (jtommon JJUcw of Cujeriu (Jtountg.
Clark v. Sullivan.
R^erte — Conclusiveness (^f finings qf.
Where there is a direct conflict in the testimony, involving the credibility of the witnesses, the deci-
sion of the conflict by the referee will not be disturbed, unless it is clearly shown that he has
<x>mmitted gross error.
Exceptions to report of referee.
The opinion of the court was delivered April 5, 1883, by
Rice, P. J. — Where there is a direct conflict in the testimony,
the referee, before whom the case is tried, must necessarily be
the best judge of the credibility of the witnesses, and his findings
upon such an issue will not be disturbed, unless it is clearly
shown that he has committed gross error. After an examination
of the evidence in this case, we find no reason to depart from this
rule. There was abundant evidence before him, if believed, to
warrant his conclusion that there was an original undertaking on
the part of the defendant; and this fact being found, the other
exceptions fall to the ground.
Digitized by VjjOOQIC
McDade v. Campbell. 125
The finding of the referee that the defendant had paid for the
potatoes is equally conclusive against the plaintiff.
The exceptions are overruled, the report of the referee is con-
firmed, and judgment is entered thereon in favor of the plaintiff
for the sum of ;$824i» with interest from March 28, 1883.
tiEottrt of Common |)Uas of Ctt^triu County.
f
McDade v. Campbell.
"Where a verdict is rendered against the bindli^ instructions of the court, it is the duty of the court t»
grant a new trial, evea tbougfa it may be possible that the court erred Ja giving such instructions.
Rule for new trial.
The opinion of the court was delivered December 1 1, 1882, by
Rice, P. J. — As to the one hundred dollars alleged to have
been paid upon the note in suit by an order or check on the
building association, the verdict of the jury was against the bind-
ing instructions of the court. We shall not stop at this time to
decide whether the jury or the court reached the correct conclu-
sion as to the law. The former were bound to obey our instruc-
tions, and if we committed error the remedies for its correction
were adequate. Our duty to grant a new trial under such cir-
cumstances is. imperative. To refuse to do so because we should
now conclude that we ought not to have given binding instruc-
tions would be grossly unjust, for the reason that, however erro-
neous such conclusion might be, the plaintiff would be deprived
of the right of having it reviewed. We have no sensitiveness
which would prevent us from acknowledging that we had com-
mitted an error in our charge. In more than one case have we
granted new trials for such error. That is not the question.
The parties have a right by law to have our decision upon the
legal question which was the subject of consideration in our
charge reviewed by the higher court, and to refuse this applica^
tion would deprive the plaintiff of that right This would be the
arbitrary exercise of power which would not be creditable to the
administration of justice.
Digitized by VjjOOQIC
126 Moore v. Baker.
in the case of Flemming v. Marine Insurance Co. (4 Wh. 59),
tried at Nisi Prius, Judge Kennedy charged the jury that the
plaintiff had not made out his case, and was not entitled to
recover. Notwithstanding the express instructions of the court,
the jury found for the plaintiff. Although the court in banc were
of opinion that there was evidence to go to the jury, and that the
instructions of the trial judge were erroneous in this particular,
it was held that a new trial should be granted. The reasons for
the rule adopted seem to be conclusive here.
The rule is made absolute.
John Lynch, Esq., for plaintiff.
W. S. McLean, Esq., for defendant.
(Hottrt of (Hommon {Jltos of £u^rne Countg.
Moore v. Baker.
Certiorari— Twenty days rule— Irregular return of service of summons.
Where the justice had jurisdiction of the subject-matter of the action, and the return shows that the
service of summons, though irregular, and not in strict conformity to the statute, was personal,
and more than six years have elapsed from the date of the entry of judgment, and the parties
are living, it is incumbent oo the plaintiff in error to show affirmatively want of knowledge of
the judgment and action.
The opinion of the court was delivered June 12, 1882, by
Rice, P. J. — This judgment was entered by default in Decem-
ber, 1873. In December, 1881, a scire facias issued thereon.
The plaintiff in error immediately sued out this writ o{ certiorari.
There is no evidence that he had notice of the original suit and
judgment against him, unless it is to be presumed from the return
to the summons. It is well argued by the counsel for the defend-
ant in error that after this lapse of time, during which his client's
demand may have been barred by the statute of limitations, the
court ought not to be extremely technical in examining the
record of the proceedings; but notwithstanding the disposition
to sustain a judgment of such long standing, it is now too late
to question the authorities which hold that "the twenty days'
Digitized by VjjOOQIC
Moore v. Baker. 127
limitation" (for suing out the writ of certiorari) "does not apply
to cases in which the justice has no jurisdiction, either of the
parties or the subject-matter, and he has no jurisdiction of the
former when they are not legally summoned." Lacock v. White,
7 H. 498; Paine z/. Godshall et al., i Luz. Leg. Reg. 3; Mulligan
V. Riley, i Kulp, 79.
It is sometimes argued by counsel from these premises that
where the service of the summons is irregular, and there is no
appearance by the defendant, there is no limitation upon the time
within which he may sue out a certiorari. However logical this
conclusion may be, it is not fully warranted by the statute and
the weight of authority. However irregular the service may be,
the judgment is not void, and the defendant cannot impeach it,
except by direct proceedings. Sloan v. McKinstry, 6 H. 120.
The statute has provided in unequivocal terms "that no judg-
ment shall be set aside, in pursuance of a writ oi certiorari, unless
the same be issued within twenty days after judgment was ren-
dered, and served within five days thereafter." Act March 20,
1 8 10, § 21, P. D. 608. pi. 28. If we say that a defendant irregu-
larly served with a summons is not included within this statutory
limitation, but, in disregard of it, may sue out a writ of certiorari
at any indefinite period, even though he has had actual notice of
the judgment, we will be making an exception neither expressly
nor impliedly recognized by the statute. The cases do not war-
rant us in going so far in overturning the plain terms of the
statute. It must be conceded that want of notice will take the
case out of the operation of the twenty days* limitation, and this
may be shown by parol (Lacock v. White, supra); but where
the defendant has notice, even though the service of summons is
irregular, and he has not waived the irregularity by appearance,
he will not be justified in treating the judgment and the statutory
limitation as nullities. Dailey v. Bartholomew, i Ash. 135;
Brookfield v. Hill, i Phil. 439; Stedman v. Bradford, 3 Phil. 258;
Harrison v. Wilkinson, i Luz. Leg. Reg. 89; Wasser v. Brown,
I Kulp, 341; Hillside Coal and Iron Co. x^. Featherman, ibid^'^\\.
Many other cases, both reported and unreported, might be cited
to the same effect, but these will suffice to show that where the
defendant's sole complaint is irregularity in the service of the
Digitized by VjjOOQIC
128 Moore v. Barer.
summons, the exception of the case from the operation of the
twenty days' limitation is based on the want of notice.
This being the true ground of the exception, the question arises,
upon whom does the burden rest of proving notice, or the want
thereof? It has been held in the Philadelphia courts that the
defendant must satisfy the court by affirmative proof that he
applied for the writ within twenty days after the fact of judgment
<:ame to his knowledge. Dailey v, Bartholomew, supra; Brook-
field V, Hill, supra.
We are not called on in this case to adopt or reject that rule,
but we think that justice to the parties, and a fair regard to a
reasonable construction of the statute, do require us to hold, that
where the justice had jurisdiction of the subject-matter of the
action, and the return shows that the service of the summons,
though irregular, and not in strict conformity to the statute, was
personal, and more than six years have elapsed from the date of
the entry of the judgment, and the parties are living, it is incum-
bent on the plaintiff in error to show affirmatively want of
knowledge of the judgment and action.
The return of the summons, as shown by the transcript, is as
follows: ** Served on defendant personally, December 20, 1873,
by making contents known.*' It may be conceded that this
return is defective in not showing that the original was produced,
but yet at the most this was an irregularity, and not a total want
of service, and after this lapse of time the return, though irregular,
ought to carry with it ^ prima facie presumption of notice of the
action at least. This must be overcome before we will be justi-
fied in setting aside the provision of the statute we have been
considering. If, in fact, the plaintiff in error had notice, though
irregular, of the action and judgment, it would be awarding a
premium to dels^y to permit him now to complain. If he did
not, in fact, have notice thereof, he could and ought to have
shown it. Whether it is now too late, we do not decide. It is
sufficient to say that, there being no sworn denial thereof, the
proceedings must be affirmed.
The proceedings are affirmed.
E. Robinson, Esq., for plaintiff in error.
John McGahren, Esq., for defendant in error.
Digitized by VjjOOQIC
SHERIFFS SALES.
Abstract uf property to be sold by Wm. (yMalley,
Sheriflf of Luzerne county, on Saturday, June gtn,
A. D. 1883. at lo o'clock A. M.. at the Arbitration
room, in the Court House, Wtlkes-Barre, who will
proceed with the different properties in the order in
which they are numbered, to wit :
X
Suits of Kreamer & Mann and Hayes & Co. v. S.
H. Sturdevant and W. F. Goff, and Lehigh Coal and
Navigation Co. v. S. H. Sturdevant.
406 and 407 April term, 1879. and 48 June term, 1883
Debt, #1,654 98* 11,784. to, and |i4 400.
Bennet & Wheaton, > . ,^. .
Dorrance & Price, /-'^"y*-
The surfiice of all those lots of land in the city of
Wilkes-Barre, on plot of lots of Sturdevant & Goff,
described as follows :
z. Lot No. I being 90 feet front on Hazle street and
zoo feet in depth, and bounded on the west and rear
by an alley ; improved, with a two-story brick build-
ing, used as a store ana dwelling house, and outbuild-
ings thereon.
9. Lot No. 3 being so feet front on Hazle street and
zoo feet in depth, and bounded in the rear by an alley ;
improved, with a two-story brick building, used as a
store and dwelling house, and outbuildings thereon.
3. Lot No. 3 being » feet front on Hazle street and
zoo feet In depth, and bounded in the rear by an alley ;
Improved, with a two-story brick building, used as a
store and dwelling house, and outbuildings thereon.
4. Lot No. 4 being 20 feet front on Hazle street and
zoo feet in depth, and bounded in the rear by an alley ;
improved, with a two-story brick building, used as a
store and dwelling house, thereon.
5. Lot No. 5 being ao feet front on Hazle street and
zoo feet in depth, and bounded in the rear by an alley ;
improved, with a two-storv brick building, used as a
store and dwelling house, tnereon.
6. Lot No. 8 being q6 feet front on Ruddle street
and 84 feet in depth, and bounded on the east side by
an alley ; improved, with a two-story frame dwelling
house and outbuildings thereon.
7. Lot No. 9 being a6 feet front on Ruddle street
and 84 feet in depth ; improved, with a two-story frame
dwelling house and outbuildings thereon.
8. Lot No. 10 being 26 feet front on Ruddle street
and 75 feet in depth ; unimproved.
9. Lot No. II being 36 feet front on said Ruddle
street and 75 feet in depth ; unimproved.
zo. Lot No. 12 being 26 feet front on Ruddle street
and 75 feet in depth ; unimproved.
zi. Lot No. 13 being 26 feet front on Ruddle street
azid 75 feet in depth ; unimproved.
za. Lot No. 14 being 26 feet front on Ruddle street
and 75 feet in depth ; unimproved
Z3. Lot No. 15 being 26 feet front on Ruddle street
and 75 feet in depth ; unimproved.
14. Lot No. 10 being 36 feet front on Ruddle street
and 75 feet in depth ; unimproved.
15. Lot No. 17 being 26 feet frx>nt on Ruddle street
and 75 feet in depth ; unimproved.
z6. Lot No. 18 being a6 feet front on Ruddle street
aikd 75 feet in depth ; unimproved.
17. Lot No. 19 being 37 feet front on Ruddle street
ana 75 feet in depth ; unimproved.
z8. Beginning at a comer in line of Hazle street and
the Lehigh Valley Railroad, thence along said Hazle
street 35 feet to a comer on an alley, thence along said
alley i la feet to comer, thence 106 feet along an alley
to a comer, thence 53 feet to a comer, thence 9 feet to
a comer, thence 361 feet to a comer, thence 90 feet to
a comer in line of the Lehigh Valley Railroad, thence
along said railroad about 430 feet to place of beginning.
Terry, thence along said lot 190 feet to Meade street,
the place of beginning, being part of lot No. 43, in
block No. 4, on plot of lots of^A. C. Laning, dec'd;
unimproved.
30. Beginning at a point on the northwesterly side
of Lincoln street zoo feet distant from the comer of
South street, thence northwesterly along line of lot
No. I and parallel with South street 130 feet, more or
less, to the line of the Lehigh and Susquehanna Rail-
road, thence southwesterly along the line of said rail-
road 50 feet to comer of lot No. 3, thence southeast-
erly along said lot about 130 feet to Lincoln street
aforesaid, thence along said street 50 feet to the place
of beginning, being lot block No. 9, in No. z, on plot
of the Wilkes-Barre Coal and Iron Co. ; unimproved.
s
Suit of Robert S. Dana, Administrator, and E. A.
Dana, Administratrix of the estate of Sylvester Dana,
deceased, v. Amold Bertels.
ZI3 May term, i88z. Debt, #5,164.50. PI. lev. fa.
7 June term. 1883. Bennett & Nichols, Att'ys.
A piece of land in the aty of Wilkes-Barre, liegin-
ning at the west comer of Dennis Quillan's lot, on the
southeast side of Main street, at a point neariy oppo-
site the intersection of Sullivan street with said Main
street, thence along said Quillan's land 303 feet, thence
10 feet, thenee 131 feet to the Wyoming canal, thence
alon^ said canal 86 feet and 9 inches, thence 393 feet
to said Main street, thence along said Main street 50
feet to the place of beginning, containing 18,000 square
feet of land, more or less.
3
Suit of J. G. Miller v. Owen L. Hughes.
316 Oaober term, 1878. Debt, real, 11,115. Fl. fa.
10 June term, 1883. Hutler, Att'y.
All that lot of land in the townshin of Wilkes-Barre,
beginning at a comer in the southeast line of the
Lehigh and Susquehanna Railroad, and also in the line
dividing certified lots Nos. 31 and 33, thence along the
same 180 7-10 feet to a comer, thence 1,007 ^^^^ 'o ^
comer, thence 135 7-zo feet to the line of said railroad,
and thence a northeasterly course along the line of saia
railroad about 930 feel to the place of beginning, con-
taining 3 acres, more or less; all improved, with a
double two-story frame dwelling house, barn, other
outbuildings, and fruit trees thereon, with a road mn-
ning from the Wilkes-Barre and Faston turnpike to
the said house, afibrding access to the said property.
Suits of Michael Cannon v. James Pethrick, Gami-
shee of Jacob Stemmer.
139, 140, and Z41 Febmary term, 1883. Debt, I30.53,
J14.37, and $16.03. Vend. ex. 2, 3, and 4 June term,
1883. Cannon, Att'y.
z. All that lot of land in the city of Wilkes-Barre,
beginning at a point on Lincoln street 60 feet north-
easterly from South street, thence northwesterly on a
line parallel with South street back to the line of the
Lehigh and Susquehanna Railroad, thence northeast-
erly along said railroad 40 feet to a comer, thence
southeasteriy on a line parallel to South street to Lin-
coln street, thence southeasterly along said Lincoln
street 40 feet to the place of beginning, being a part of
lot No. I, in block No. 3, on map and plot of lots laid
out by the Wilkes-Barre Coal and Iron Company • ex-
cepting and reserving coal ; all improved, with a lar^e
frame ouilding^ used as a tenement house, being two
stories high, fronting on Lincoln street, and three
stories hi^ in the rear, facing the Lehigh and Susque-
hanna Railroad, and other smaller outbuildings.
3. All that other lot of land on Mechanics alley, be-
tween Northampton and South streets, in the city of
WUkes-Barre, bounded on the west by said alley, on
„ ^^ ^ „ „. the north by lot late of S. S. Coon, on the east by laid
containing about 37,835 square feet of surface, now i of A. V. Smith, and on the south by land of G. M.
used as a lumber-yard; improved, with a two-story! Miller, being 36 feet in frY>nt on said alley, and 76
frame building, used as an office and store-room, to-
gether with a frame bam, dry-house, and outbuildings
tnereon. The above lot has three sidings from the
L. V. R. R. and the L. & S. R. R.
19. Beginning at a comer on the northerly side of ^ ^
Meade street, thence along the same %> feet to a comer. Iron Company's addition to the aty of Wilkes-Barre,
thence 190 feet to an alley, thence along the same ^J being between South street and the old line between
iieet to a comer of lot now or late belonging to C. F.' certified lots Nos. 33 and 34, excepting a lot 100 feet
I II
feet in depth ; all improved, with a two-story frame
building and other smaller outbuildings thereon.
3. All that other parcel of land on Lincoln street, in
the city of Wilkes-Barre. being the whole of block No.
3 on the map and plot of the Wilkes-Barre Coal and
Digitized by
Google
fn front on the corner of South and Lincoln streets,
sold to William and James Pethrick by F. J. Leaven-
worth; all improved, with three large name building,
used as tenements, the said buildings being two stones
in height, fronting on Lincoln street, and three stories
in height in rear, facing the L. & S. R. R. ; also one
two-«tory frame building on the rear of said lot or
block, and other smaller outbuildings.
5
Suit of William Kisner, Elliott P. Kisner. and the
Hasleton Savings Bank, use of, v. William Thomas.
276 May term, 1883. Debt, $750.00. Vend. ex. z
June term, 1883. Kisner, Att'y.
All that lot of ground on the north side of Broad
street, in the village of West Hazleton, being lot No.
7, of square No. 8, beginning 240 feet westward from
northwest comer of Broad and Second streets, thence
extending westward along said Broad street 40 feet,
and thence of that same width extending northwardly
in length or depth 150 feet to Spruce alley; unim-
proved.
6
Suit of Eckley B. Coxe, Administrator d. b. n. c. t. a
of the estate of Tench Coxe, deceased, v. Theodore
Naugle.
84 March term, 1883. Debt, reaL 13,350.48. Vend,
ex. 6 June term, 1883. McClintocks, Att'ys.
z. Being part of a tract of land surveyed in the war-
rantee name of John Tittsworth, in Nescopeck town-
ship, beginning at stone comer at the point of intersec-
tion of the line of the said John Tittsworth survey by
the line dividing the said Nescopeck township and
Black Creek township, thence along the line between
the said townships and through the John Tittsworth
survey 293 perches to a stone, thence along the line of
land now of Samuel Smith and surveyed in the war-
rantee name of Robert Taggert 137 perches to a white
oak, thence along the lands now or late of Nathan
Miller. John Sherman, and Henry Kerchner, and Ibr-
merly belonging to the German Reformed congrega-
tion, 369 perches to a stone and 31 perches to a hickory,
thence along the line of land now of Henry Kerchner
106 perches to the stone comer, the place of beginning,
containing 228 acres and 21 perches, strict meaubure.
3. Beins a tract of land surveyed in the warrantee
name of James Nodd. partly in said Nescopeck town-
ship and partly in Black Creek township, beginning
at a white oak comer of lands surveyed in the warran-
tee name of the said James Nodd, German Reform^
congregation, Thomas Hamilton, and John Nodd,
thence along the line of the said lands surveyed in the
warrantee name of the said German Reformed congre-
gation 216 perches to a poplar, 76 perches to a white
oak, 170 perches to a black oak, 32 perches to a birch,
90 7-10 perches to a maple stump and stone corner,
thence along line of land surveyed in the warrantee
name of Michael App lox perches to a stone comer,
246^ perches to a stone comer and fence by land sur-
veyed in the warrantee name of the said John Nodd
293 perches to the white oak, the place of beginning.
containing^59 acres and 80 perches, and allowance of
6 per cent for roads, etc.
3. Situate in said Nescopeck township, beginning at
a stone on the west bank of Nescopeck creek, thence
down said creek 66 perches to a hemlock tree, thence
down said creek 56 perches to a stone, thence down
and across said creek 61 perches to a post, thence
down the east side of said creek 33 perches to a stone,
thence along lands of Daniel Araer 145 perches to a
stone comer, thence along lands of John H. Harter
137 perches to the place of beginning, containing 90
acres and 62 perches, strict measure.
4. Situate in the said Nescopeck township, begin-
ning at a poplar tree on the south bank of Nescopeck
creek, thence 67 perches to a dog wood comer, thence
by lands of J. G. Koehler 50 perches to a comer,
thence across Nescopeck creek x6 perches to a chest-
nut tree, thence down said creek 83 perches to the
place of beginning, containing 13 acres and 31 perches,
strict measure ; all improved.
The first and second described tracts unimproved,
and the third and fourth improved with house, barn)
and other outbuildings.
Improvements : First described tract, about 7 acres
12
cleared, balance unimproved. Second described tn9$.
about 6 acres cleared, balance unimproved. On third
described tract are erected a two-story plank or frame
dwelling house, a frame wash house, a frame bam and
other outbuildings, a saw and lath mill, a wheelwright
and blacksmith shop.
7
Suit of D. L. O'Neill v. Hannah Duffy, Executrix
of Michael Duffy, deceased.
zii April term, 1879. Debt, $74.37. Al. vend. ex.
II June term, 1883 O'Neill, Att'y.
X. The following described piece of land in Plains
township, banning at a comer, the intersection of
Plains and West streets, and running thence along
Plains street 150 feet to a comer, thence 164^ feet to
a comer, thence 150 feet to a comer, thence 164^ feet
to the place of beginning^ containiiu^ 24,675 square fleet
of land, more or less, being lots Nos. 140 and 142 in
plot of lots laid out for Jesse Thomas, together with
two two-story frame dwelling houses and other out-
building thereon.
2. All that lot of land in the township of Plains, be-
ginning at a comer at the intersection of Union street
with Mocktown road, and mnning thence along said
Mocktown road x6o feet to a comer on line of West
street, thence along said West street 14X feet to the
line of the Nanticoke Railroad, thence along the curve
of the Nanticoke Railroad about 175 feet to Union
street aforesaid, thence 81 feet to the place of begin-
ning, containing about 17,460 square feet of land, being
lots Nos. Z16, Z17, and xi8 in plot of lots laid out fur
Jesse Thomas.
8
Suit of Abram Nesbitt, Administrator c. t. a.of A. J.
Prinde, deceased, and A. N. Harvey, Administrator
of N. H. Laycock, deceased, v. Samuel Pringle, Ad-
ministrator of Caturah Ann Dilley, deceased, and In
M. Dilley, Guardian of Carrie S. Dilley, minor diik)
of Caturah Dilley.
429 May term, 1883, Debt, $222.58. Vend. ex. 9
June term, 1883. Powell, Att'y.
All that piece of land in Kingston borough, begin-
ning at a comer on Pringle street, thence suong land
of David Fairchild 104 feet to a comer, thence along
land sold to Tulius Mulford 95 feet to a comer, thence
along said Nlulford lot xoofeet to a comer, thence 3 7-zo
feet to a comer, thence aoo feet to a comer, thence
along said Prinele street 142 feet to the beginning: all
improved, and having erected thereon one two-story
frame dwelling house and one carpenter shop ; also
fmit trees and well of water. 20-22
INSOLVENT'S NOTICE.
Notice is hereby given that Monday, June 4tb,
x88^, at xo o'clock A. M., has been fixed as the time
of hearing by the court of the application of E. A
Niven for final discharge under the insolvent laws.
PALMER, DEWITT & FULLER,
20-22 Attorneys.
ORPHANS' COURT SALE.
Esute of Ella C. Solly, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will expose at public auction, at the
Arbitration room, in the Court House, at Wilkes-Barre.
on Thursday, June 7th, 1883, at 10 o'clock A. M., all
that piece of land in the borough of Dallas, beginning
at a comer of land of Thos. A. Garrahan on the south
side of road leading from Dallas village to Hunt&ville,
thence along said Garrahan's land 12 perches to a post
thence by land of Jacob Rice 6 perches to a comer of
land of the Dallas Hi^h School Association, thence by
land of said association 12 perches to a post, a comer
on south bank of the road aforesaid, thcuce along the
said road an easterly course 6 perches to the plaM of
beginning, containing 72 perches of land, strict mea-
sure, together with a x^-story house and outbuildings
thereon.
Terms of S alb— Cash.
WILLIAM J. SOLLY,
H. B. PAYNE, Admimstraior.
HENRY W. DUNNING,
Attomeys. ao-w
I
Digitized by VjjOOQIC
ESTATES TO BE AUDITED BY THE
Orphans* Court of Luzerne county. Notice ts
hereby siven that accounts have been filed and con-
firmed'^Kolutely by the court in the following estates :
I. Joseph Hess; William Meixell, Executor; 5th
June, 1883.
a. Owen Ellis; E. P. Kisner, Administrator; 5th
June, 1883.
3. John R. Edwards; J. N. Edwards, Administrator ;
5th June, 1883.
4. John A. Harmon; Solomon Harmon and Henry
Harmon, Administrators ; 6th June, 1883.
5. John B. Gay ; Fisher Gay, Executor ; 6th June,
1883.
6. Daniel Davis; Owen Fritzinger, Executor; 6th
June. 1883.
7. John Stoddart ; William Sioddart, Administrator ;
Tlh June, 1883.
8. Daniel Gillespie; Michael Russell, Administra-
tor; 7ch June, 1883.
9. Cath ' ^
June, 1883.
— illl:
[un<
. Ja
1883,
la. Luke Murphy; G. L. Halsey, Administrator;
8th June, 1883.
13. Nathan Klinetob; John Robinson, Administra-
tor; xith June, 1883.
14. George Nansteel; John Fisher, Administrator ;
nth June, 1883.
15. Cecelia B. Carey; B. F. Carey, Administrator;
11th June, 1883.
16. Martha Jameson; S. C. Jajme, Executor; lath
June, 1883.
17. Samuel Rough: Benj. Evans, Administrator;
i2tn June, 188^.
18. Tobias Mover; Homer Smethers, Administra-
tor; lath June, 1883.
10. Mary Macartney ; C. B. Jackson, Administrator ;
i3th June, 1883.
20. Ephraim R. Kittle: William E. Kittle, Admin-
istrator; I3ih June, 188;
Susan Houck ;
Recent street, thence along said street 40 feet to the
beginning, containing 6,000 square feet of land, more
or less, being lot No. 90 in plot of lots laid out bv
Calvin Wadhams and Alexander Famham in the 15th
ward ; reser\-ing coal ; all improved, with no buildings
thereon.
Terms of Salb — ^100 down, and the balance on the
confirmation of the sale and delivery of deed.
B. C. REEVE,
HENRY W. DUNNING, AdminUtmtor.
Attorney. ao^s
ORPHANS' COURT SALE.
Estate of Robert Helm, deceas^. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will expose to public sale, on the
premises, on Friday, June 1^,1883, at xo o'clock A.M.,
all that lot of land in the borough of West Piiuton.
-. /u. .u..^ .w«j , being 30 feet on Exeter street, between Spring and
9! Catharine Gro^; Nathan Snyder, Executor ; 7th Park streete, and running Uck 2v> feet to an alley,
— ' conuining 6000 square feet of land, being the southerly
one-half of lot No. 19 on the map of the West Pittston
Land Association, having thereon an abundance of
choice fruit trees.
Tbrms of Salb — One-quarter down at sale, one-
auarter down on confirmation of sale and delivery of
eed, and the balance, with interest from confirmation,
in six months from confirmation absolute; deferred
payments to be secured by bond and mortgage on the
premises.
LYDIA HELM,
JOHN RICHARDS, AdminUtratrix.
Attorney. ai-aj
10. William Briggs; J. F. Briggs, Administrator;
8th June, 1883.
1. James Brown; John Lynch, Trustee ; 8th June,
ORPHANS' COURT SALE.
' Estate of Ziba G. Msgor, deceased.
_ . , By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public sale, in the Arbitra-
tion room, in the Court House, at Wilkes-Barre, on
Friday, June aad. 1883, at 10 o'clock A. M., all those
two several lou of land in the township of Lehman :
One thereof beginning at a comer in line of lots Nos.
b^. 16 and 17, thence on safd line 27 perches to a corner,
. Washington Houck, Admiois- thence bv part of said lot No. 17, 74 4-10 perches to a
trator ; 13th June, 1883. comer, thence so perches to a comer, thence 18 perches,
22. Mary Sinclair; H. H. H.idsall, Administrator; thence 18 perches to a comer, thence iZ% perches to
13th June, 188^. ,a corner, thence on the line between lots Nos. 17 and
23. Martin Williams; Michael E. Collier, Admin- 18, iiz perches to a comer, and thence by land formerly
istrator ; 14th June, 1883. owned by Garner H. Snyder io6 perches to the place
24. D. W. luracr; Geo. G. Turner, Administrator ;i of beginning, conuining 39 acres and 39 perches of
14th June. 1883, I land, more or less.
25. Catharine Smith ; H. B. Wright, late Executor ; | The other piece of land beginning at a comer in the
14th June, 1883.
line between lots Nos. 17 and 18, thence 106 perches to
26. John W. Davis; W.W. Amsbry, Adminstrator;!a corner in line of lots Nos. 16 and 17, thence 61 7-10
14th June, 1883. ; perches to a corner, thence 106 perches to a comer of
27. Alexander Gray; Alexander Gray, Executor ; I lot No. 37, near Harvey's creek, thence by lot No. 36
15th June, 1883. 61 7-10 perches to the place of beginning, conuining
28. J. Pryor Williamson ; E. G. Scott and A. Voigl, 40 acres and 140 perches of land, more or less.
Executors ; i6lh June, 1883. j Reserving the pine timber on both of the said above
The accounts enumerated and designated in the described lots ; and also excepting and reserving from
above \\%i will be audited by the court, in the Court ihe above described premises allthat piece of land.
House, in the Orphans' Court room, during the session containing twelve acres, according to reservations con-
of court on the days set forth opposite the name of each tained in deed of Thomas N. Major and wife to Z. G.
esute, at which time all person.s interested shall attend. Major.
if they see fit, and present their claims against said Also one other piece of land in said township, bo-
estate, or forever thereafter be debarred from coming ginning at the southwest comer of No. 38 at a suke
JOSEPH HENDLER.
Oerk O. C.
center line 30 36-100 perches to the' place of beginmng,
in upon said fund. I and stones, but formerly a yellow pine tree, thence 30
. -. j perches to a corner in road leading from Lehman Cen-
ter to Ross township, thence along said road 30 36-100
'perches to a comer, thence 30 perches to a comer in
I the center line in Lehman township, thence along said
ORPHANS' COURT SALE. center line 30 36-100 perches * ' "
ElsUte of Harrison Honeywell, deceased. By 'containing $% acres of land,
virtue of an. order of the Orphans' Court of Luzerne 1 The said several pieces of land constitutins one body
county, the undersigned will sell at public sale, at the of land, and havine erected thereon a dwelling house.
Arbitration room, in the Court House, at Wilkes-Barre, bam, and other outbuildings, apple orchards, etc.
on Thursday^. June 7th, 1883, at zo o'clock A. M., the Terms of Salb— zo per cent cash on day of sale, 15
equal undivided half interest of all that lot of land in 'per cent on confirmation, and balance in one vear from
the city of Wilkes-Barre, beginning at a point on the I day of confirmation, with interest from confirmation ;
northerly side of Regent street in line of lot No. 01, deferred payments to be secured by bond and mortgage,
thence along said lot 150 feet to a comer in line of Iot| " * *"" ""
No. 92, thence along said lot 40 feet to lot No. 8p.
thence along said lot 150 feet to northeriy side of saia
; along
I
A. R. BRUNDAGE,
Attorney.
KATE MAJOR,
Administratrix.
az-2
25
Digitized by VjjOOQIC
ESTATE OF THOMAS DODSON. LATE OP
Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the underbigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to
JOHN DODSON,
GEORGE P. RICHARDS,
H. C. MAGEE. Executors.
Attorney. 18-23
ESTATE OF JOHN REED, LATE OF THE
borough of rittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
HANNAH REED,
GEO. S. FERRIS, Administratrix.
Attorney. 18-33
ESTATE OF WASHINGTON LEE, LATE OF
the city of New York, deceased.
Letters testamentary upon the above named estate
having been granted to tnc undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOSEPH STTCKNEY,
R. SUYDAM GRANT,
E. P. & J. V. DARLING, Executora.
Attorneys. 18-23
ESTATE OF CORNELIUS O'NEILL, LATE
of Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present then
for payment, and those indebted thereto will please
make immediate payment to
CATHARINE SHEA,
JOHN T. LENAHAN, Administratrix.
Attorney. iT-aa
ESTATE OF ELLEN O'NEILL, LATE OF
Pittston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immeaiate payment to
CATHARINE SHEA,
JOHN T. LENAHAN, Administiatrix.
Attorney. i7-m
ESTATE OF ELIZABETH ASHELMAN,
late of West Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
PETER ASHELMAN,
E. D. NICHOLS, Executor.
Attorney. tj-»
ESTATE OF JOSIAH KOCHER, LATE OF
Lake township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
J. R. KOCHER.
E. P. DARLING, Executor.
Attorney. 90-25
ESTATE OF OWEN CAFFREY, LATE OF
Ashley, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
HONORA CAFFREY,
JOHN McGAHREN, Executrix.
Attorney. ao-25
ESTATE OF THOMAG H. FRAlJciS, LATE
of Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
GEORGE P. RICHARDS,
H. C. MAGEE, Executor
Attorney. »-»5
ESTATE OF HUGH CRAWFORD, LATE OF
•Pittston, deceased.
Letters testamentary* upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those Indebted thereto will please make
immediate payment to
HUGH R. CRAWFORD,
JOHN RICHARDS, Executor.
Attorney. 19-34
ESTATE OF LEWIS R. LEWIS. LATE OF
Parsons, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all peisom
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RACHEL LEWIS,
1. P. HAND, Executrix.
Auomey. »-»5
ESTATE OF THOMAS C HARKNESS, LATE
of Wilkes- Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present tneoi
for payment, and those indebted thereto will please
make immediate payment to
ISAAC LIVINGSTON,
£. S. OSBORNE. Administrator.
Attorney. «>-»5
ESTATE OF MARIA POWELL, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for parent, and those indebted thereto will please
make immediate payment to
GRIFFITH THOMAS,
F. C. MOSIER, Administrator.
Attorney. 19-24
26
E^
STATE OF A. G. RICKARD, M. D., LATE
_- of Plymouth, deceased. ,
Letters of administration upon the above ■•■»*jj
estate having been granted to the undersuined, tu
persons having claims against the same will prew*>^
them for payment, and Uiose indebted thereto will
' please make immediate payment to
XIVA A. RICKARD,
R. N. SMITH.
R. D. EVANS, Administratois.
Attorney. «7^
I
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, June 8, 1883. No. 23.
!In the Court of Common
Pleas of the county of
Luzerne,
No, 277, May T., 1883,
And now, to wit, April 5, 1883, section 11 of Rule XXXIV.
of the Rules of Court is amended so as to read as follows:
In making up the trial list precedence shall be given to cases
of the nature and in the order slated, as follows:
1st. Actions for the cecovery of wages for manual labor, as
provided by Act of 22d March, 1877, § I.
2d. Feigned issues directed by the Orphans' Couj-t and Court
of Common Pleas, sitting in Equity.
3d. Issues under the Sheriff's Interpleader Act, according to
the number and term of the execution under which they have
been directed.
4th. Issues in other interpleaders directed by the Court of
Common Pleas: provided, that the money which may be the
subject of controversy has been paid into court.
5th. Issues on Auditors' reports and issues directed under
section 2 of the Act of April 20, 1846 (P. L. 411).
6th. Issues framed on appeals from the reports of auditors of
the accounts of the county, city, boroughs, townships, and poor
districts. By the Court.
In Re Course of Study prescribed by \
Board of Examiners for applicants > No, 82, May T,, i88j,
for admission as Attorneys at Law. J
Now, March 6th, 1883, the Board of Examiners hereby (as
directed by rule of court) prescribe the following course of study,
Digitized by VjjOOQIC
144 Rules of Court.
which is made obligatory upon applicants for examination for
admission as attorneys at law, subject to approval of court:
1. Blackstone's Commentaries (Sharswood's edition).
2. Kent's Commentaries^ Vol. I.
3. Greenleafs Evidence, Vol. I.
4. Smith or Parsons on Contracts.
5. Byles on Bills.
6. Story's or Bispham's Equity.
7. Stephen on Pleading.
8. Troubat & Haly's Practice (Brightly's Ed. recommended).
9. Rules of Courts of Luzerne county.
10. Equity Rules.
1 1. Constitution of the United States.
12. Constitution of Pennsylvania.
13. "A Brief of a Title in the Seventeen Townships in the
county of Luzerne/' by H. M. Hoyt.
14. Acts of Assembly and Supplements in Purdon's Digest
relating to Amendment, Competency of Witnesses,
Execution, Frauds and Perjuries, Intestates, Judgments,
Distress for Rent, Marriage, Wills.
It is also directed that the works formerly in the obligatory
course, and now omitted therefrom, viz., Introduction to Robert-
son's Charles V. or Ilallam's Middle Ages, Kent's Commentaries,
Vols. II., III., and IV., Bouvier's Institutes, and Acts of Assem-
bly relating to Deeds and Mortgages and Decedents' Estates, be
added to the course of study as now recommended to be read,
but not obligatory.
H. B. Payne,
Edwin Shortz,
Allan H. Dickson,
Board of Examiners.
Now, i6th March, 1883, after due consideration, the course of
study as within prescribed by the Board of Examiners is hereby
approved, and the Prothonotary is directed to enter the same at
length upon the record.
Charles E. Rice,
Stanley Woodward,
Judges,
Digitized by VjjOOQIC
Rules of Court. 145
Amendment of Section it. Rule VII, of Rules of Orplians' Court.
Now, loth June. 1882, section 11, Rule VII. of the Rules of
the Orphans' Court, is amended so as to read: Reports of Exam-
iners made by order of the court for any purpose will be con-
firmed nisi at the time when filed, provided notice of filing has
been given the parties interested, of their counsel, and if excep-
tions be not filed by the third day after such filing, the court will
make the proper decree in relation thereto. If exceptions be
filed, they shall be placed on the next argument list, made up
after such date, for disposition by the court, and the said section
as heretofore published is hereby abolished. By the Court*.
Amendment of Section ^, Rule XXI. of Rules of Orphans' Court.
Now, 8th December, 1882, it is ordered that in all cases of
partition in the Orphans* Court the return of the inquest shall be
confirmed nisi when filed, and unless exceptions be filed thereto
within ten days thereafter, the same shall be confirmed abso-
lutely, and immediately after such final confirmation the court
will, on application, grant a rule on heirs and parties interested
to accept or refuse the estate at the valuation, or to make bids
on the same, or to show cause why the same shall not be sold.
It is further ordered that so much of section 4 of Rule XXI.
now existing as may be in conflict herewith be abolished, and
that this rule shall take effect at. the next January term of court.
By the Court.
Amendment of Section p, Rule VII. of Rules of Orphans* Court.
Now, 9th February, 1883, it is ordered that section 9 of Rule
VII. of the Rules of the Orphans* Court, be amended so as to
read: Reports of Auditors appointed to distribute a fund will be
confirmed nisi when filed, and if exceptions be not filed within
ten days thereafter the same will be confirmed absolutely, and
shall be so entered by the clerk on the court minutes and the
proper docket. The reports of Auditors appointed for any other
Digitized by VjjOOQIC
146 Hazen V, Albertson.
purpose than making distribution of a fund will be confirmed
after three days, as provided for the reports of Examiners.
By the Court.
Additional Rule of the Orphans' Courts to be known as ''Section 4
of Ride /. — Accounts!'
Now, May 21st, 1883. the court decree the following: When
Executors, Administrators, Guardians, or Trustees shall account
in the Orphans' Court for the proceeds of sales of real estate
made by the order of court, or under process given by will, the
same shall be filed by the clerk on presentation, and shall be by
him advertised in like manner for the same time, and together
with those accounts which are filed in the Register's office for
presentation to the court at the next term for confirmation nisi:
Proiiid^dy that the fees of the clerk and the costs of advertising
shall be paid before the account be filed: And provided further,
that such accounts shall be on the oath or affirmation of the
accountant. By the Court.
(Eourt of Common |pUa0 of £u)erue County.
Hazen v. Albertson.
Appeal— Wages.
The act of February 28, 1870 (P. L. 269), applying to appeals from " wages " suits in Luzerne
county, was not repealed by the general act of April 20, 1876 (P. L. 43).
Rule on defendant to perfect his appeal, as provided by the act
of April 20th, 1876, or in default thereof, to show cause why the
appeal should not be quashed.
The opinion of the court was delivered April i6, 1883, by
Rice, P. J. — This case is not shown by the transcript to be
within the act of April 9, 1872 (P. L. 47; P. D. 1464.//. 5). It
is not so certain that it does not by reasonable intendment show
that it is within the first section of the act of April 20, 1876 (P. L.
43). The first clause of that section, it is true, speaks of the
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In Re Jackson Township. 147
wages of manual labor, but the last clause provides as follows:
"And the said defendant shall be required to give good and
sufficient bail for the payment of the debt and costs . . in all
cases for labor y We need not decide as to the applicability of
that act to the demand of the plaintiff, as described in the tran-
script, for we have no hesitancy in concluding that, under the act
of February 28, 1870, relating to Luzerne county (P. L. 269). the
appeal is clearly defective. In the case of Burd v. Long this act
was held to be in force, notwithstanding the passage of the act
of 1876.
Now, April 16, 1883. it is ordered that, if the defendant perfect
his appeal within ten days from this date, the rule be* discharged,
but if not, that it be made absolute, and the appeal stricken off.
T. R. Martin, Esq., for plaintiff.
W. S. McLean, Esq., for defendant.
(Jlourt of (Siuarter Sessions of Cujernc (Jlountg.
In Re Division of Jackson Twp. into Election Districts.
Eledum dutrictt — Practic*.
I. Under the act of May i8, 1876 (P. L. 178), relating to the erection of election districts, the court
may, upon petition, and in the exercise of their discretion, grant a review, although no excep-
tions have heen filed to the report of viewers.
3. Such review is not demandable of right, nor can the court award it of their own motion.
3. The allowance of a petition for review will prevent the confirmation absolute of the original
report until the report of reviewers is made, when, upon consideration of both reports and the
evidence, the court may adopt either.
4. If, however, no exceptions be filed to the original report, enough should appear on the face of the
petition for review, or it should be accompanied by such proofe as will be sufficient to inform the
court that a review is necessary.
Exceptions to report of reviewers.
The opinion of the court was delivered April 23, 1883, by
Rice, P. J. — Upon petition in due form commissioners were
appointed to report upon the necessity and expediency of divid-
ing the township of Jackson into two election districts. Their
Digitized by VjjOOQIC
148 In Re Jackson Township.
report in favor of the division was confirmed nisi^ June 22, 1882.
No exceptions were filed to this report.
On the 4th of September following, a petition of certain qual-
ified freeholders of the township was presented to the court,
setting forth that the division of the township as aforesaid was
unnecessary, and that the erection of an additional election dis-
trict would be expensive and burdensome. The petition also
states at length their reasons for opposition to the propK>sed divi-
sion, and prays for a review. Upon this petition being filed, the
court appointed reviewers, who, on December 15, 1882, filed a
report adverse to the proposed division.
The first *exception to this report is, "that the review should
only have been awarded on exceptions filed to the original
report, and no such exceptions having been filed to said original
report of viewers, it should be confirmed absolutely, and the
report of the reviewers set aside.*' The other exceptions are to
the same effect.
The third section of the act of May 18, 1876 (P. L. 178), pro-
vides as follows: "That when a report has been made by the
said commissioners it shall be confirmed nisi by said court, which
confirmation shall become absolute, unless exceptions be filed to
the same not later than the third day of the next term of said
court, and should exceptions be filed as aforesaid, they shall be
disposed of on evidence, as said court shall deem just: Provided,
that, if desired, a review may be had, if, in the opinion of the
court, it may be necessary to secure a fair adjudication of the
same, said reveiw to be asked for, however, before the report has
been absolutely confirmed."
Under this act a review is not demandable of right, nor can it
be awarded by the court of its own motion. It is only to be
allowed when asked for by the parties interested, and not then
unless the court is satisfied of its necessity. But when must it
be asked for, and how is the court to be satisfied of its necessity?
It may be asked for at any time before the report of the original
commissioners has been confirmed absolutely; hence it would
seem that the request would not come too late, although testi-
mony had been taken, and the confirmation had been delayed
several terms by exceptions. But we can find nothing in the act
Digitized by VjjOOQIC
In Re Jackson Township. 149
to indicate that the request must necessarily be delayed until the
testimony has been taken. The terms of the proviso, "if, in the
opinion of the court, it may be necessary to secure a fair adjudi-
cation of the same,' do not, in our opinion, relate to the evidence
taken on the exceptions previously filed, but to the question of
the erection of the new district. The whole question, and not
merely those suggested by the exceptions and the evidence taken
thereon, is to be referred to the reviewers.
It is argued that exceptions should be filed to the original
report in order to inform the court as to the necessity for a
review. In the case in hand this objection goes to the form and
not to the substance of the proceedings, for the reason that the
so-called petition for review is so full and specific in its statement
of the objections to the original report that, in everything but
form, it is equivalent to exceptions; and, having been filed before
the third day of the succeeding term, may be treated as such.
But, after a careful consideration of the act, we are constrained
to go a step further, and to hold that the proviso annexed to the
third section of the act applies to the whole of the preceding
enacting clause, and qualifies the duty of the court in absolutely
confirming the original report Hence, in analogy to proceed-
ings in road cases, where a petition for review is presented before
the time when a report of commissioners can be absolutely con-
firmed, the court may grant the prayer of the petition, if, in their
opinion, it is necessary to a fair adjudication of the question of
the erection of the proposed new district or districts ; and the
allowance of such review will prevent the confirmation absolute
of the original report until the whole matter can be brought
before the court. If, however, no exceptions be filed to the orig-
inal report, enough should appear on the face of the petition for
review, or it should be accompanied by such proofs as will be
sufficient to inform the court as to the necessity for the review.
We suggest this as to future cases; but it is clear that when a
review has been once awarded, an adjudication that the court
deemed it necessary is to be implied, which cannot be inquired
into subsequently.
Where the reports are conflicting, it does not follow that we
must confirm the last one. As in road cases, the court may
Digitized by VjjOOQIC
150 Steinhauer V, Hill.
adopt either. As to this question, we desire to hear the argu-
ments of counsel.
The exceptions to the report of reviewers are overruled, and
it is ordered that the two reports be placed on the next argu-
ment list.
M. Cannon. Esq., for exceptions.
A. Darte, Jr., Esq., contra.
(ffourt of Common JJUas of Cujerne (Hottutg.
Steinhauer v. Hill.
Attachment — Wages.
1. The act of May 8, 1876 (P. L. 139), relating to attachment of wages for board, docs not authorize
the issuing of an attachment until after a judgment has been obtained. Garden v. Scott (i Rulp,
196) followed.
2. As to form of judgment against garnishee, Masters v. Turner (2 Luz. Leg. Reg 185) followed.
Certiorari,
The opinion of the court was delivered November 20, 1882, by
Rice, P. J.— The act of May 8th, 1876 (P. L. 139), does not
authorize the commencement of suits by attachment. Garden v.
Scott, I Kulp, 196. The judgment against the garnishee was
entirely irregular, even had there been a prior judgment against
the defendant upon which the attachment could issue. Layman
z/. Beam, 6 Wh. 181 ; Corbyn v, Bollman,4 W. & S. 342; Masters
V. Turner, 2 Luz. Leg. Reg. 185.
Both exceptions are sustained, and the proceedings reversed.
James L. Lenahan, Esq., for plaintiff.
James Mahon, Esq., for defendant.
Handsome tidies are placed on satin-covered sofas, not so
much as a guarantee of good faith, as to cover up the spots that
are worn out. — Puck.
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NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the onice of the Clerk of
the Court of Quarter Sessions of Luzerne county by
'os. Berlowitz, and that said license will be asked for
n the court atoresaid on Monday, the i8th of June,
1883, at 10 o'clock A. M.
D. M. JONES,
9a-a3 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by John H.
Mitchell, and that said license will be asked for in the
court aforesaid, on Monday, the iBth of June, 1883, at
10 o'clock A. M.
JOHN T. LENAHAN,
3a-a3 Solicitor.
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NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon bay been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Joseph Levison, and that said license will be asked
tor in the court aforesaid on Monday, the i8th day of
June, 1883, at 10 o'clock A. M.
A. R. BRUNDAGE,
22-33 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Abram MichaTowsky, and that said license will bte
asked for in the court aforesaid on Monday, the i8th of
June, 1883. at 10 o'clock A. M.
D. L. O'NEILL,
22-23 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filea in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Moses M. Goi-
leib, and that said license will be asked for in the court
aforesaid on Monday, the i8th day of June, 1883, at 10
o'clock A. M.
P. H. CAMPBELL.
33-24 Solicitor.
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W. BAIRD, LATE OF
ESTATE OF JESSE
Kingston, deceased.
Letters of administration upon the above named
estate having been granted 10 the undersipmed, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
HART PHILLIPS,
GEO. K. POWELL. Administrator.
Attorney, 23-28
ESTATE OF WILLIAM BRACE. LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
FISHfcR GAY,
MYRTLE W. BRACE,
DICKSON & ATHERTON, Executors.
Attorneys. 23-28
' f£
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iZBi
ESTATE OF EMILY H. DARLING, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
E. P. DARLING,
17-32 Administrator.
29
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KPHANS' COURT SALE. [during the life of said Eliza Casteriine, principal to be
Estate of James Casucriine, deceased. By virtue paid to Isaac G. Casteriine, James A. Casteriine, Anna
of an order of the Orphans' Court of Luzerne county
the undersigned will sell at public sale, at the old
homestead of Joseph Casteriine, in Franklin township,
on Thursday, the 28th day of June, 1883, at 10 o'clock
A. M., certain undivided interests, as hereinafter men-
tioned, in the following real esute :
I. Beginning at a comer of Asa Casteriine in line of
land of Martin Winter, thence along said land 60
perches to a comer of Wayman Roberts, thence along
said Roberts' land 14 7-10 perches to small ash, thence
36% perches to another comer of said Roberts, thence
along said Roberts' land and the public hiehway, and
lands of heirs of Joseph Ross and land of Joseph Cas-
teriine, 224 perches to a stone comer in said road and
comer of land of George Greish, thence along said
Greish's land lo^ perche* to a small ash. thence 40 8-10
perches to John Nulton's comer post ana stones, thence
along said Nulton's 128 perches to a comer in the road
leading from said Nulton's to Orange, thence alonzV^RPHANS' COURT SALE,
said road the several distances, thence to a corner of J V-/ Estate of Robert Helm, deceased. By virtue
land of Asa Casteriine, thence along line of said Cas-lof an order of the Orphans' Court of Luzerne county^
E. Casteriine, Ziba A. Casteriine, and Clayton R.
Casteriine, their heirs and assigns, thirty days after
the death of Eliza Casteriine.
C. B WILLIAMS,
ALVIN HOLMES,
J. P. ROSENCRANS.
Guardians.
Note. — The heirs of age have joined in an agree-
ment to sell their undivided interest in the hereinbefore
described land to any person or persons who may pur*
chase the interestof the wards of the said Guardians at
public sale, at the same price relatively (or the whole
esute that is given by such purchaser or purchasers
for the interest of said minors.
A. R. BRUNDAGE,
HUBBARD B. PAYNE,
22-24 Attorneys.
terline 77 6-10 perches to a comer in a spring, thence
32 9-10 perches, thence 36 9-10 perches, thence 29 3-10
perches along public road leading to Courtright's,
thence 56^ perches to the place of beginning, contain-
ing 197 acres and 85 perches of land ; about 75 acres
improved, and having thereon one iJ4 -story wood
dwelling house, wood bam, wagon house, and other
outbuildings, with one apple orchard.
a. One other tract, being the sur&ce of a lot of land
in the borough of West Pittston, being lot No. 61 as
laid down on a certain plan of the town of Luzerne,
on New York avenue, said lot being 50 feet in front on
said New York avenue, and aoo feet in depth ; all im-
proved.
3. The surface of those lots of land in the village of
Sturmerville, Exeter township, bounded as follows :
(i) Beginning at a comer on the westerly side of
Wyoming avenue, also comer of lot of Solomon Stur-
mer, thence along said Sturmer's land in a westeriy
direction 1^5 feet to a comer on an alley, thence along
said alley in a northerly direction 50 feet tu a corner
of a lot of Rozelle, thence along said Rozelle's land in
the undersigned will expose to public sale, on the
premises, on Friday, June 15, 1883, at 10 o'clock A.M.,
all that lot of land in the borough of West Pittston.
being 30 feet on Exeter street, between Spring ana
Park streets, and running back 200 feet to an alley,
containing 6900 square feet of land, being the southerly
one-half of lot No. 19 on the map i»f the West Pituton
Land Association, having thereon an abundance of
choice fmit trees.
Terms op Sal^— One-quarter down at sale, one-
auarter down on confirmation of sale and delivery of
eed,and the balance, with interest from confirmation,
in six months from confirmation absolute; deferred
payments to be secured by bond and mortgage on the
premises.
LYDIA HELM.
JOHN RICHARDS, Administratrix.
Attorney. 21-23
ORPHANS' COURT SALE.
Esute of Ziba G. Major, deceased. By virtue
„ I of an order of the Orphatis' Court of Lureme county,
an easterly direction 175 feet to a corner on said Wyo-.the undersigned will sell at public sale, in the Arbitra-
ming avenue, thence along same in a southerly direc-{iion room, in the Court House, at Wilkes-Barre, on
tion 50 feet to beginning, conuining 8,750 square feet Friday. June 22d. 1883, at 10 o'clock A. M., all those
of land ; all improved, with no buildings thereon.
(a) Beginning at a corner on the northerly side of
Lincoln avenue at a corner of lands late of George
Corey, thence along said land in a northerly direction
two several lots of land in the townshio of Lehman :
One thereof beginning at a comer in line of lou Nos.
16 and 17, thence on said line 27 perches to a comer,
thence by part of said lot No. 17, 74 4-10 perches to a
150 feet to a comer on an alley, thence along said alley ) corner, thence 50 perches to a corner, thenpe 18 perches,
easterly 50 feet to a corner of land late of said George thence 18 perches to a" corner, thence i8>i perches to
Corey, thence along said Corey's lands southeriy 150'a comer, thence on the line between lots Nos. 17 and
feet to a corner on said Lincoln avenue, thence along 18, iti perches to a corner, and thence by land formeriy
said avenue westerly 50 feet to beginning, containing owned by Gamer H. Snyder 106 perches to the pUce
7,^00 square feet of land ; all improved, with no build- of beginning, containing 39 acres and 39 pcrchesk of
ings thereon. ^ 1 land, more or less
(3) Beginning at a corner on the southerly side of
Pennsylvania avenue, also a comer on an alley, thence
along said alley southerly 150 feet to a comer on
another alley, thence along last mentioned alley west
The other piece of land beginning at a comer in the
line between lot.-^ Nos. 17 and 18, thence 106 perches to
a corner in line of lots Nos. 16 and 17, thence 6z 7-10
perches to a comer, thence 106 perches to a comer of
criy 50 feet to comer of lands late of George Corey,, lot No. 37, near Harvey's creek, thence by lot No. 36
thence along said Corey's land northerly 150 feet to a 61 7- to perches to the place of beginning, conuining
comer on Pennsylvania avenue, thence by said avenue
easterly 50 feet to beginning, conuinine 7,500 square
feet of land; all improved, with no buildinp thereon.
It is now ordered and decreed that Chandler B.
Williams, Guardian, Alvin Holmes, Guardian, and J.
40 acres and 140 perches of land, more or leas
Reserving the pine timber on both of the said above
described lots ; and also excepting and reserving from
the above described premises all that piece of land,
conuining twelve acres, according to reservations con-
P. Rosencrans, Guardian, sell at public sale the inter- tained in deed of Thomas N. Major and wife to Z. G.
est of Isaac G Casteriine and James A. Casteriine,* Major.
minor children of James G. Casteriine, deceased, be-. Also one other piece of land in said township, be-
ing two-thirds of one-seventh of the same ; also the ginning at the southwest comer of No. 38 at a suke
interest of Anna £. Casteriine, a minor child of James and stones, but formerly a yellow pine tree, thence 30
G. Casteriine, deceased, being one-third of one-seventh perches to a corner in road leading from Lehman Cen-
of the same, and also the interest of Ziba A. Casteriine ter to Ross township, thence along said road 30 36-xoo
and Clayton R. Casteriine, minor children of James 1 perches to a corner, thence 30 perches to a comer in
Casteriine, deceased, being two-thirds of one-seventh the center line in Lehman township, thence along said
of the same, upon the following terms of sale : One- {center line 30 36-100 perches to the place of beginiurg,
third down on day of sale, one-third on day of confir- containing $% acres of land.
mation of sale, and that one-third be secured upon the 1 The said several pieces of land constitutins one body
lands by bond and mortgage, interest to be paid annu- of land, and having erected thereon a dwelling house,
ally to Eliza Casteriine, widow of James Casteriine, bam, and other outbuildings, apple orchards, etc.
30
I
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—%
A
F
The Luzerne Legal Register.
Vol. XII. Friday, June 15, 1883. No. 24.
(ffourt af ficnnmoix J)Ua0 of Cujenu Counto.
HoupT, Garnishee^ v, Lewis.
ymsttct 0/ ike ptace— Attachment execution.
t . Where a garnishee in his answer denies any indebtedness to the defendant as an individual or
principal, ^ut admits that he has had deaUngs with him as agent, the answer will prevent judg-
ment against the garnishee.
^^ a. Where the answer denies indebtedness to the defendant as a principal, a claim by the defendant
hal. to have the fund set apart to him under the exemption law will not conclude the garnishee, nor
rp! alone warrant the entering of judgment against him.
3. It is competent for the plaintiff, notwithstanding the answers of the garnishee, to require the issue
to be tried before the justice ; and if the record shows a trial, the court cannot, on certiorari^
review the correctne ss of the justice's conclusions from the evidence.
4. It is possible, also, that upon ^e day of the hearing the plaintiff might cause additional interrog*
atories to be served upon the garnishee, and require him to answer them.
5. The verbal statements of the garnishee, made in the presence of the justice, after his answers have
been delivered, and when not under oath, and which are not irreconcilable with his former
answers, will not authorize the justice to disregard his former answers, and to enter Judgment
against him.
<t. Practice before justice of the {>eace in cases of attachment execution, considered.
Certiorari,
The opinion of the court was delivered June 11, 1882, by
Rice, P. J. — On December 6th, 1882, the alderman issued an
attachment execution against H. C. Gates, as defendant, and M.
B. Houpt. On the same day the plaintiff filed interrogatories.
The writ and a copy of the interrogatories and a rule to answer
were duly served. On December 14th, 1882, the return day of
the writ and the rule, all parties appeared before the alderman.
The defendant in the writ put in a written claim for the benefit
of the exemption law. The garnishee filed written answers to
the interrogatories, as follows: "I have not had transactions
with him" (the defendant) "as an individual or principal since
the within attachment was served on me, nor was I then indebted
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152 HouPT V, Lewis.
to him as such, nor have I since been. Prior to the service of
said attachment I had been dealing with said Gates as agent, and
at the time of the service thereof I had ordered the manufacture
of certain goods by him as such. Since, and prior to the service
thereof, he has delivered said goods to me as such agent, amount-
ing to ^595.18, and I have paid him on account thereof, to wit,
December 13th, 1882, the sum of $250." The interrogatory to
which this answer was made reads as follows: "Have you had
any business transactions with the said H. C. Gates by which
you are indebted to him? If yes, state the amount of your in-
debtedness to him at the time of the service of this attachment.
State in your answers the particulars in relation to your indebt-
edness to him, and whether on account, note, or otherwise."
A garniishee is only required to answer the interrogatories that
may be submitted to him. "And judgment will not be entered
against him on his answer, unless he expressly or impliedly
admits his indebtedness to, or his possession of assets belonging
to, the judgment debtor; and the admission ought to be of such
a character as to leave no doubt in regard to its nature and
extent." 9 Sm. 361-364.
Although the facts of the case cited differ from those involved
in this case, the principle controlling the decision is a general
one, and is applicable here. The general denial by the garnishee
of any indebtedness to the defendant, and of any transactions
with him as an individual or a principal, was a complete answer
to the interrogatory, and relieved him from the necessity of ex-
plaining his transactions with him as an agent. The garnishee
asserts in his answer, not merely that the defendant in his trans-
actions with him claimed to act as an agent, but that he was, in
fact, such; and, therefore, if the answer was in itself sufficient to
prevent judgment against the garnishee, no act of the defendant
subsequent to the service of the writ, as, for example, claiming
the benefit of the exemption law, could destroy its effect. We
do not wish to be understood as saying that evidence of such an
act would not be competent for any purpose, or in any stage of
the proceedings. It might be evidence to discredit the defendant,
or to estop him from denying that the fund was his. But what
we mean to decide is this, that when the garnishee denies in his
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HouPT V, Lewis. 153
answer any indebtedness to the defendant, and the record shows
nothing further than a claim by the defendant to have the fund
set apart to him under the exemption law, judgment cannot be
entered against the garnishee on his answer.
The record further shows that the hearing was continued until
December i6th, 1882, at which time the parties again appeared
before the magistrate. On the last mentioned date the plaintiff
filed a paper excepting to the answer of the garnishee, and con-
cluding with a request "that the garnishee may be further exam-
ined and required to make further answers, and that the matter
may be fully inquired into and tried before the alderman." The
garnishee declined to file any further answers in writing to the
interrogatories already answered, *'but answered verbally" (as
the transcript states) "that nothing was said about defendant
being agent at the time he contracted the debt with defendant, and
that the reason he paid a part of the claim was that he supposed
it would make no difference, as he still had money enough in his
hands to pay plaintiff's claim." The record thus concludes:
"The alderman being of the opinion that the claim of the defend-
ant is virtually an admission that the debt is owing to him per-
sonally, and not to him as agent, and the defendant and garnishee
both failing to disclose whom defendant is agent for, and also
failing to give the particulars of the transaction, therefore judg-
ment is publicly entered that the plaintiff have execution," etc.
In thus entering judgment against the garnishee, we think the
alderman erred. It was competent for the plaintiff, notwithstand-
ing the answers of the garnishee, to require the issue to be tried,
and to introduce evidence to show that the money attached was
a debt due to the defendant as an individual or principal, and if
after hearing such evidence the alderman had entered judgment
for the plaintiff, the court could not, on certiorari^ review the cor-
rectness of his conclusions from such evidence. The only rem-
edy of the party aggrieved would be by appeal. So, also, upon
the trial of the issue, the plaintiff could have required the defend-
ant and the garnishee to be sworn, and to testify as if under
cross-examination. It is possible, also, that upon the day of the
hearing the plaintiff might have caused additional written inter-
rogatories to be served upon the garnishee, and have required
Digitized by VjjOOQIC
154 Herrod & Co. V, Frauenthal Bros.
him, by rule, to answer them within the time fixed by the statute.
But the record, by which alone we must decide as to the regu-
larity of this judgment, does not show that either of these methods
was followed, and hence we conclude: first, that the admission of
the defendant, implied from his claim of the exemption, could
not conclude, nor alone warrant, judgment against the garnishee;
second, that such judgment was not warranted by the failure of
the garnishee to state specifically for whom the defendant was
agent, the interrogatories, as served upon him, not requiring
such answer; third, that his verbal statement, made after his
answers had been delivered to the magistrate, and when not
under oath, and which were not in themselves irreconcilable with
his former answers, did not authorize the alderman to disregard
his former answers, and to enter judgment against him.
The judgment is reversed.
Q. A. Gates, Esq., for plaintiff.
J. G. Miller, Esq., for defendant.
Court of Common |pUa0 of Cujeriu Countg.
Herrod & Co. v. Frauenthal Bros.
An affidavit of defense must state clearly and fully the exact grounds uid extent of the defense.
Rule for judgment for want of a sufficient affidavit of defense.
The opinion of the court was delivered January 29, 1883, by
Woodward, J. — Under the authorities, we are disposed to
think that the affidavit of defense filed in this case is defective in
not alleging a warranty as to the goods sold, although an infer-
ence that such an allegation was intended is possible from the
language used in the affidavit. It seems to us that the justice of
the case requires a clearer and fuller statement of the exact
grounds and extent of the defense. It is, therefore, now ordered
that the defendants have leave to file an additional or supple-
mental affidavit of defense within ten days. If such affidavit is
filed, and is satisfectory, the present rule will be discharged,
otherwise it will then be made absolute.
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ORPHANS' COURT SALE. ! during the life of said Elira Casterlme, principal to be
Estate of James Casterline, deceased. By virtue paid to Isaac G. Casteriine, James A. Casterline, Anna
of an order of the Orphans' Court of Luzerne county J E. Casteriine, Ziba A. Casteriine, and Clayton R.
the undersigned will sell at public sale, at the old Casteriine, their heirs and assigns, thirty days after
homestead of Joseph Casteriine, in Franklin township, the death of Eliza Casteriine.
on Thursday, the 28th day of June, 1883, at 10 o'clock
A. M., certain undivided interests, as hereinafter men-
tioned, in the following real esute :
I. Beginning at a comer of Asa Casteriine in line of
land of Martin Winter, thence along said land 60
perches to a corner of Way man Roberts, thence along
said Roberts' land 14 7-10 perches to small ash, thence
3654 perches to another corner of said Roberts, thence
along said Roberts' land and the public highway, and
lands of heirs of Joseph Ross and land of Joseph Cas-
teriine, 224 perches to a stone comer in said road and
comer of land of George Greish, thence along said
Greish's land J05 perches to a small ash. thence 40 8-10
perches to John Nulton's comer post and stones, thence
along said Nulton's 128 perches to a comer in the road
leading from said Nulton's to Orange, thence along
said road the several distances, thence to a comer of
land of Asa Casteriine, thence alon^ line of said Cas-
teriine 77 6-10 perches to a comer in a spring, thence
32 9-10 perches, thence 36 9-10 perches, thence 29 3- to
perches along public road leading to Courtright's,
thence 56% perches to the place of beginning, contain- on Tuesday, the 3d day of July, il
ing 197 acres and 85 perches of land; about 75 acres' A. M., all that certain lot of land i
C. B. WILLIAMS,
ALVIN HOLMES,
J. P. ROSENCRANS.
Guardians.
Note. — The heirs of age have joined in an agree-
ment to sell their undivided interest in the hereinbefore
described land to any person or persons who may pur-
chase the interest of the wards or the said Guardians at
public sale, at the same price relatively for the whole
estate that is given by such purchaser or purchasers
for the interest of said minors.
A. R. BRUNDAGE,
HUBBARD B. PAYNE,
22-34 Attorneys.
ORPHANS' COURT SALE.
Estate of Edgar W. Mandeville, deceased.
By
virtue of an order of the Orphans' Court of Luzerne
county, the undersigned will sell at public sale, at the
.\rbitration room, in the Court House, at Wilkes- Barre,
'illy, 1883. at to o'clock
land in the township of
improved, and having thereon one iJ4-*lory wood Plains, beginning at a comer on the public road lead-
ing from Mitchell's hotel building to the plank road
dwelling house, wood barn, waeon house, and other
outbuildings, with one apple orchard.
a. One other tract, being the surface of a lot of land
in the borough of West Pittston, being lot No. 61 as
laid down on a certain plan of the town of Luzerne,
on New York avenue, said lot being 50 feet in front on
said New York avenue, and 200 feet in depth ; all im-
proved.
3. The surface of those lots of land in the village of
Sturmerville, Exeter township, bounded as follows :
(i) beginning at a corner on the westerly side of
Wyoming avenue, also corner of lot of Solomon Stur-
mer, thence along said Sturmer's land in a westerly
direction 175 feet to a comer on an alley, thence along
said alley in a northerly direction 50 feet to a corner
of a lot of Rozelle, thence along said Rozelle's land in
an esisterly direction 175 feet to a comer on said Wyo-
ming avenue, thence along same in a southerly direc-
tion 50 feet to beginning, containing 8,750 square feet
of land; all improved, with no buildings thereon.
(2) Beginning at a corner on the northerly side of
Lincoln avenue at a corner of lands late w George
Corey, thence along said land in a northerly direction
150 feet to a corner on an alley , thence along said alley
easteriy 50 feet to a comer of land late of said George ! mation ; to be secured by bond and mort]
Corey, thence along said Corey's lands southerly 150
feet to a corner on said Lincoln avenue, thence along
said avenue westerly 50 feet to beginning, containing
j,vx> square feet of land ; all improved, with no build-
ings thereon.
(3) B^inning at a comer on the southerly side of
Pennsylvania avenue, also a comer on an alley, thence
and North Branch Canal, thence along said road 60
feet in a westerly direction to a corner ot lands now
or formerly of Hancock & Macknight, thence along
same in a northeasteriy direction to a comer of lanos
now or formerly of the estate of William H. Merritt
149 feet, thence along lands now or formeriy of said
Merritt estate 60 feet in an easterly direction to a cor-
ner of lands now or formerly of said Hancock & Mac-
knight, thence along same 50 feet in a southerly direc-
tion to a corner of lot* now or formerly of the said
Hancock & Macknight, continuing thence in a south-
erly direction 90 feet to the place of beginning, con-
taining 8,670 square teet of land ; all improved, with a
2-story frame dwelling and frame bam erected thereon,
and with the right and privilege of one-half of the well
on the westerly side of said lot. said well being one-
half on land of^Hancock & Macknight ; excepting and
reserving, however, all coal and other minerals under
the surface of said lot, together with the right of min-
ing and removing the same.
Tbrms of Sale — One-fourth of purchase money
payable on day of sale, one-fourth on confirmation,
and the balance in one ^ear, with interest from confir-
'mo.
Trustee.
23-25
FRANCIS A.
BENNETT & NICHOLS,
Attomeys.
ORPHANS' COURT SALE.
Estate of Lewis Weidenbach, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county.
alons said alley southerly 150 feet to a comer on
iner alley, thence along last mentioned alley west-! the undersigned will sell at public sale, on the prem-
ises, in the borough of Hazleton, on Saturday, the 7th
day of July, 1883, at 2 o'clock P. M., all that lot of
ground on the south side of Broad street, in the bor-
ough of Hazleton, being lot marked No. ^, in square
No. 20, according to the general plan of said borough,
commenciiig at the distance of 200 feet westward from
the west side of Cedar street, containing in front or
breadth on said Broad street 3^ feet and 4 inches, and
eriy 50 feet to corner of lands late of George Corey^.
thence along said Corey's land northerly 150 feet to a
comer on Pennsylvania avenue, thence by said avenue
easterly 50 feet to beginning, containing 7,500 square
feet of land; all improved, with no buildings thereon.
It is now ordered and decreed that Chandler B.
Williams, Guardian, Alvin Holmes, Guardian, and J.
P. Rosencrans, Guardian, sell at public sale the inter-
est of Isaac G Casteriine and James A. Casteriine, extending of that width in length or depth southward to
minor children of James G. Casteriine, deceased, be- the north side of Mine street; subject to certain rights
ing two-thirds of one-seventh of the same- also the and mining privileges reserved to the Lehigh Vauley
interest of Anna E. Casteriine, a minor child of James Railroad (^. The Tot improved by a two-stoiy frame
G. Casteriine, deceased, being ooe-third of one-seventh dwelling, used as a saloon and double dwdlmg and
of the same, and also the interest of Ziba A. Casteriine kitchen, etc.
and Clayton R. Casteriine, minor children of James Tesms op Sale — 95 per cent cash on day of sale, 25
Casteriine, deceased, being two-thirds of one-seventh ' per cent on confirmation of sale, and balance in one
of the same, upon the following terms of sale : One- j year from day of sale, with interest; to be secured by
third down on day of sale, one-third on day of confir- bond and mortgage on the premises.
nation of sale, and that one-third be secured upon the
lands by bond and mortgage, interest to be paid annu-
ally to Eliaa Casteriine, widow of James Casteriine,!
I
JOHN G. SEAGER,
C. W. KLINE, Administrator d. b. n. c. t. a.
Attorney. 84-26
33
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LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 42, January term , 1883. Libel in divorce a vinculo
matrimonii. Kate F. Leonard, by her next friend,
Georze N. Reichard, v. Charles H. Leonard. To|
Charles H. Leonard — Please take notice that the court
has granted a rule on you to show cause why a divorce
a vinculo matrimonii shall not be made and entered in
favor of the libcUant, service of the subpoena having
failed on account of your absence. Returnable on
Saturday, June 16, 1883, at 10 o'clock A. M.
E. P. & J. V. DARLING,
23-34 Solicitors.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 101 5^, May term, 1883. Libel in divorce a vinculo
matrimonii. Mary Moun^oy , by her next friend, John
Dennis, v. John Mountjoy. Ihe alias subpoena in
the above case having been returned non est inventus,
you, the said John Mountjoy, are hereby notified to
appear at said court, on Monday, October i, 188^, at
10 o'clock A.M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
T. R. MARTIN, Sheriff.
Solicitor. 23-26
ESTATES TO BE AUDITED BY THE
Orphans* Court of Luzerne county. Notice i»
hereby given that accounts have been filed and con-
firmed absolutely by the court in the following estates :
I 26. John W. Davis; W.W. Amsbry, Adminstraior ;
X4lh June, 1883.
37. Alexander Gray; Alexander Gray, Executor;
15th June, 1883.
28. J. Pryor Williamson ; E. G. Scott and A. Voigt,
Executors ; i6th June, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they see fit, and present their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER,
30-24 Clerk O. C.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 97, February term, 1883. Libel in divorce a vin-
culo matrimonii. Rebecca H. Bateman, by her next
friend, Jos«rph Heath, v. Henry Bateman. To Henry
Bateman — Plea.se take notice that the court has granted
a rule on you to show cause why a divorce a vinculo
matrimonii shall not be made and entered in favor of
the libellant, service of the subpoena having failed on
account of your absence. Returnable on Saturday,
June x6, 1883, at 10 o'clock A. M.
HARDING fit McGAHREN,
33-24 Solicitors.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 23, January term, 1883. Libel in divorce a vin-
culo matrimonii. Emma Stevens, by her next friend,
John Pagsley, v. Alexander A. Stevens. To Alexan-
der A. Stevens — Please take notice that the court has
4Sranted a rule on you to show cause why a divorce a
vinculo matrimonii shall not be made and entered in
favor of the libellant, service of the subpoena having
failed on account of your absence. Returnable on
Monday, June 25, 1883, at 10 o'clock A. M.
D. M. JONES,
«3-34 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Se.«isions of Lureme county by S. Rutstein,
and that said license will be asked for in the court
aforesaid on Monday, the i8th day of June, 1883, at 10
o'clock A. M.
D. L. O'NEILL,
23-24 Solicitor.
NOTICE IS HEREBY GIVEN IHAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Moses Hyman,
and that said license will be asked for in the court
aforesaid on Monday, the 18th day of June, 1883, at 10
o'clock A. M.
D. L. O'NEILL,
23.24 Solicitor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county. I
No. 232, February term, 1882. Libel in divorce a
vinculo matrimonii. Francis Trumbower v. Sophia]
Trumbower. The alias subpoena 'in the above case;
having been returned non est inventus, you, the said'
Sophia Trumbower. are hereby notified to appear at
said court, on Monaay, the 1st of October, 1883, at 10
o'clock A. M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
M. E. WALKER. Sheriff.
Solicitor. 23-26
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act for the incorporation and regula-
tion of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the '* Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county. Pa., the character
and objects of which are the carrying on the general
business of banking as a bank of deposit and discount.
W. H. HINES,
X4-34 . Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
J. D. Smith, and that said license will be asked for in
the court aforesaid, on Monday, the i8th day of June,
1883, at 10 o'clock A. M.
P. H. CAMPBELL,
23-24 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Moses Nf . Got-
leib,and that said license will be asked for tn the court
aforesaid on Monday, the i8th day of June, 1883, at to
o'clock A. M.
P. H. CAMPBELL,
23-24 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Evan Evans, and that said license will be asked for
in the court aforesaid on Monday, the 25th of June,
1883, at 10 o'clock A. M.
D. M. JONES,
24-25 Solicitor.
34
ESTATE OF WARREN BENSCOTER, LATE
of Union township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, ail persons
having claims against the same wilf present tnem for
f payment, and those indebted thereto will please make
mmcdiate payment to
G. L. BENSCOTER.
CLARINDA BENSCOTER,
33-27 Executors.
I
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ESTATE OF GEORGE BROWN. LATE OF
Conynsham township, deceased.
Letters of administration upon the above named
estate having; been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make unmediate payment to
REUBEN SWANK,
X9-34 Administrator.
ESTATE OF DANIEL FOLEY, LATE OF
Plymouth, deceased.
Letters testamentary' upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them duly
authenticated for payment, and those indebted thereto
will please make payment to
MARY E. FOLEY,
19-34 Executrix
ESTATE OF LOUIS ROUDY. LATE OF THE
township of Dorrance, deceased.
■Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
GEORGE HELLER,
T. R. MARTIN, Administrator,
Attorney. ao-25
ESTATE OF WILLIAM BRACE, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
FISHER GAY,
MYRTLE W. BRACE,
DICKSON & ATHERTON, Executors.
Attorneys. 23-28
ESTATE OF ROBERT THOMPSON, LATE
of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MUNGO THOMPSON.
JANET THOMPSON,
GEO. S. FERRIS, Administrators.
Attorney. 22-27
ESTATE OF THOMAS McKIERNAN, LATE
of Hazle township, deceased
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY McKIERNAN,
22-27 Administratrix.
ESTATE OF JOSIAH KOCHER, LATE OF
Lake township, deceased.
Loiters testamentary upon the above named estate
having been granted to tne undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
J. R. KOCHER,
E. P. DARLING, Executor.
Attorney. 20-25
ESTATE OF EDMUND TAYLOR, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN TAYLOR,
X9-24 Administrator d. b. n. c. t. a.
ESTATE OF THOMAS DODSON. LATE OF
Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
' immediate payment to
JOHN DODSON.
GEORGE P. RICHARDS,
H. C. MAGEE, Executors.
Attorney. 18-23
ESTATE OF JESSE W. BAIRD, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted 10 the undersigned, all
persons having claims against the same will present
them for' payment . and those indebted thereto will
please make immealate payment to
HART PHILLIPS,
GEO. K. POWELL, Administrator.
Attorney. 23-28
ESTATE OF THOMAS McNAMARA, LATE
of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per- j
tons having claims against the same will present them)
tor payment, and those indebted thereto will please
make immediate payment to
ANN McNAMARA,
GEO. S. FERRIS, Administratrix.
Attorney. 21-26
ESTATE OF SAMUEL BALLIET, LATE OF
Sugarloaf, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
DAVID BALLIET,
22-27 Administrator.
I
ESTATE OF JOHN REED, LATE OF THE
borough of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate [>ayment to
HANNAH REED,
GEO. S. FERRIS, Administratrix.
Attorney. 18-23
ESTATE OF WASHINGTON LEE, LATE OF
the city of New York, deceased.
Letters tesumentary uoon the above named estate
I having been granted to tne undersigned, all persons
'having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOSEPH STICKNEY,
R. SUYDAM GRANT,
E. P. & J. V. DARLING, Executors.
Attorneys. 18-23
ESTATE OF THOMAS H. FRANCIS, LATE
of Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
! having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
GEORGE P. RICHARDS,
H. C. MAGEE, Executor.
Attorney. * 20-25
35
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ESTATE OF LEWIS R. LEWIS, LATE OF
Parsons, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
RACHEL LEWIS.
I. P. HAND, Executrix.
Attorney. ao-25
ESTATE OF THOMAS C. HARKNESS, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate pavment to
ISAAC LIVINGSTON,
£. S. OSBORNE, Admmistrator.
Attorney. 20-95
ESTATE OF MARIA POWELL, LATE OF
Pittbton, deceased.^
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having clainu against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
GRIFFITH THOMAS,
F. C. MOSIER, Administrator
Attorney. >9-24
ESTATE OF OWEN CAFFREY, LATE OF
Ashley, deceased.
Letters tesumentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
HONORA CAFFREY,
JOHN McGAHREN, Executrix.
Attorney. ao-25
ESTATE OF HUGH CRAWFORD, £aTE OF
Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the unaersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
HUGH R. CRAWFORD,
JOHN RICHARDS, Executor.
Attorney. '9-»4
AUDITOR'S NOTICE.
Estate of Barna Sutliff. dec'd. In Re Proceed-
ings in partition of real estate. The undersigned, an
Auditor, appointed by the Orphans' Court of Luzerne
county to marshal liens against decedent and heirs, to
fix and adiust owelty, dower, and amounts of recogni-
zances to be given, and to tax costs and make distriou-
tion, will attend to the duties of his appointment, at
his office, in the city of Wilkes-Barre, on Wednesday,
the tSth day of July, 1883, at 10 o'clock A. M.. at
which time all persons interested are hereby notified
to appear.
S. J. STRAUSS.
24-27 Auditor.
McLEAN & JACKSON,
Attorneys at Law,
Wilkb9-Barrb, Pa.
CHAS. D. FOSTEEl,
Attorney at Law,
Wilkbs-Barrb, Pa.
W. S. PARSONS,
Alderman,
Market Strbbt, Wilkbs-Barrb. E^a.
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Iln the Court of Common
Pleas of the county of
Luzerne.
No, 277, May T., i88j.
And now, to wit, April 5, 1883, section 11 of Rule XXXIV.
of the Rules of Court is amended so as to read as follows:
In making up the trial list precedence shall be given to cases
of the nature and in the order stated, as follows :
1st. Actions for the recovery of wages for manual labor, as
provided by Act of 22d March, 1877, § i.
2d. Feigned issues directed by the Orphans* Court and Court
of Common Pleas, sitting in Equity.
3d. Issues under the Sheriff's Interpleader Act, according to
the number and term of the execution under which they have
been directed.
4th. Issues in other interpleaders directed by the Court of
Common Pleas: provided, that the money which may be the
subject of controversy has been paid into court.
5th. Issues on Auditors* reports and issues directed under
section 2 of the Act of April 20, 1846 (P. L. 411).
6th. Issues framed on appeals from the reports of auditors of
the accounts of the county, city, boroughs, townships, and poor
districts. By the Court.
In Re Course of Study prescribed by '
Board of Examiners for applicants )- No. 82, May T., 188 j.
FOR ADMISSION AS ATTORNEYS AT LaW.
;f
Now, March 6th, 1883, the Board of Examiners hereby (as
directed by rule of court) prescribe the following course of study,
which is made obligatory upon applicants for examination for
admission as attorneys at law, subject to approval of court:
1. Blackstone's Commentaries (Sharswood's edition).
2. Kent's Commentaries, Vol. I.
3. Greenleafs Evidence, Vol. I.
4. Smith or Parsons on Contracts.
5. Byles on Bills.
6. Story's or Bispham's Equity.
7. Stephen on Pleading.
8. Troubat & Haly's Practice (Brightly's Ed. recommended).
I 37
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The Luzerne Legal Register.
Vol. XII. Friday, June 29, 1883. No. 26.
Court of (JHuartcr QtssmiB of £xqtxnt (lotmtg.*
Commonwealth v. Reynolds.
In an extreme case of a crime affecting the public justice, and where there would otherwise be a
failure of justice, and the escape of a public offender, an indictment may be found without a
previous binding over, although in general an indictment must be preceded by information and
hearing.
Motion to quash indictment for peijury.
The opinion of the court was delivered January 30, 1882, by
Rice, P.J. — On the 14th of July, 188 1, the defendant was held
to bail for his appearance at the next sessions on a charge of
perjury, alleged to have been committed on the 2d day of August,
1876, in a certain affidavit made before Joseph D. Coons, Esq., a
notary public, preparatory and for the purpose of obtaining a rule
to open a certain described judgment, and also for the purpose
of obtaining an order of court in the same case staying proceed-
ings upon an execution issued upon the said judgment The
grand jury for the succeeding sessions convened on the 20th of
August, 1 88 1, and on the succeeding ist day of September this
indictment was found. At the September term (September 23d,
1 881) this motion to quash was made. There was no other
binding over nor information than that already referred to. The
indictment charges a perjury, alleged to have been committed by
the defendant on the 13th day of November, 1876, before W. S.
Parsons, Esq., an alderman, in a certain deposition taken on a
rule to open the judgment, granted on the affidavit first referred
to. The fact that the affidavit and deposition were taken in
different stages of the same proceeding is not asserted in the
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164 Commonwealth v. Reynolds.
indictment, but was stated by the Commonwealth's counsel on
the argument, and was not controverted. Notwithstanding this
fact, it must be conceded that the information does not support
the indictment. Though the matters of fact stated in the affidavit
and in the subsequent deposition are the same, yet the offences
were distinct, authorized separate indictment, and conviction and
punishment. The reasons urged for quashing the indictment
are: first, that it was not based on information, etc.; second, that
the offence was not given in charge to the grand jury by the
court; third, that the offence was not made the subject of pre-
sentment by the grand jury based on their own knowledge or
observation; fourth, that it not was preferred before the grand
jury by the district attorney, acting either under the supervision
of the court, or upon his own official responsibility. All of these
reasons are well stated; except the last. There was no express
authority given by the court to submit this indictment to the
grand jury, but the fact that it is signed by the district attorney
is evidence that it was presented to the grand jury for their
action on his official responsibility. The law and practice upon
this subject are well settled in Pennsylvania. " It has never been
thought that the ninth section of the ninth article of the constitu-
tion, commonly called the bill of rights, prohibits all modes of
originating a criminal charge against offenders, except that by a
prosecution before a committing magistrate. Had it been so
thought, the court, the attorney general, and the grand jury
would have been stripped of powers universally conceded to
them." McCullough v. Commonwealth, 17 Sm. 33. That the
district attorney may, in a proper case, and under certain restric-
tions, send up a bill to the grand jury without a previous commit-
ment of the accused is undoubted, i Wh. Cr. L. § 458, note/.
In Rowand v. Commonwealth (i Nor. 405), Mr. Justice Wood-
ward thus sums up the law upon this question: "It is thus
apparent that, upon considerations involving the maintenance of
the public security, it has been found necessary to lodge this
extraordinary and delicate authority somewhere, and is is appar-
ent also that it has been lodged in the prosecuting officer of the
Commonwealth. It is to be exercised, in the ordinary case, under
the supervision of the proper court of criminal jurisdiction, and
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Commonwealth v, Reynolds. 165
in all cases its exercise is subject to their revision and approval.
. . While, however, the possession of this exceptional power by
prosecuting officers cannot be denied, its employment can only
be justified by some pressing and adequate necessity. When
exercised without such necessity, it is the duty of the Quarter
Sessions to set the officer's act aside." This being the rule of
law in this State, as laid down by the best authorities, it remains
to inquire whether there was such adequate and pressing public
necessity for the exercise of this extraordinary power by the
district attorney as requires us, in the exercise of a sound discre-
tion, to approve his act. In order to justify it, we feel constrained
to hold that it must satisfactorily appear that a less prompt mode
of proceeding might have led to the escape of a public offender.
See charge of Judge King, i Wh. Cr. L. § 458, note/
After a careful examination of the authorities, we feel it our
duty to sustain the action of the district attorney for the follow-
ing reasons:
1st. While, as we have said, the information does not support
the indictment, it is not to be entirely overlooked in this proceed-
ing. The object of such information is to give to the accused
adequate notice of the accusation. This information and the
hearing before the alderman gave to the defendant .some notice
of the testimony alleged to be false, and thus show that the action
of the district attorney was not intended to be, and was not, in
fact, arbitrary and oppressive.
2d. In offences where the injury is chiefly personal, and for
which there is a remedy by civil action, the delay of the prose-
cutor in bringing the offence to the notice of the prqper officers
ought to estop him from claiming indulgence to proceed out of
the ordinary course. Neither ought the court to grant such
indulgence, though the prosecutor should induce the district
attorney to ask it for him. But perjury is not such an offense.
It is a crime against public justice, and as such should be prose-
cuted by the public officer and punished by the court. The
injury to the individual suitor is trifling compared with the injury
and danger to the public administration of justice. In case of
conviction and sentence, a legal consequence is disqualification
from ever giving testimony thereafter. This is not so much a
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1 66 Commonwealth v, Reynolds.
part of the punishment as it is the judgment of the law, that one
who has been guilty of this crime is not to be believed. Hence,
if for no other reason, the interests of public justice require the
conviction of the offender, if his guilt be established. This being
the nature of the offence, no delay on the part of a private prose-
cutor ought to be permitted to be pleaded to estop the Common-
wealth and her officer, provided such delay does not appear to
have prejudiced the rights of the defendant
3d. The first official knowledge which the district attorney
appears to have had of this alleged offence was when the tran-
script came into his hands at the meeting of the grand jury.
But at that time the statute of limitations had run on the partic-
ular offence charged in the information, and, in the ordinary
course of procedure, had he then caused a new information to be
made for the alleged false oath, taken on November 13, 1876,
the transcript would not have been returned until November 14.
1 88 1, the next day for the meeting of the grand jury. It follows
that the prosecution must have failed had not this course been
taken. In view of the nature of the offence, and the circum-
stances surrounding the prosecution, to which we have alluded,
we conclude that the district attorney was justified in exercising
his extraordinary powers in order to prevent a failure of public
justice. We may remark, however, that we can hardly think of
a case where it is not the better practice for the district attorney
to first make known his reasons to the court, and obtain their
approval before sending an indictment before the grand jury not
based on a previous information.
The rule is discharged.
Messrs. Coons & Shortz, for rule.
A. Darte, Jr., and A. Ricketts, Esqs., contra.
When a California man sees "no cards" at the end of a mar-
riage notice of a friend, he remarks that " that girl has put some
of her pious notions into Jim's head, but he'll get over them after
he has been married awhile."
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ORPHANS' COURT SALE.
Estate of Lewis Weidenbach, dec'd. By virtue
of an order of the Orphans' Court of Luteme county,
the undersigned will sell at public sale, on the prem-
ises, in the borough of Hazleton, on Saturday, the 7th
day of July, 1883, at a o'clock P. M., all that lot of
ground on the south side of Broad street, in the bor-
ough of Hazleton, being lot marked No. 7, in sqtuire
No. ao, according to the general plan of said borough,
commencine at the distance of 300 feet westward from
the west side of Cedar street, containing in front or
breadth on said Broad street 3^ feet and 4 inches, and
extending of that width in length or depth southward to
the north side of Mine street ; subject to certain rights
and mining privileges reserved to the Lehigh Valley
Railroad Co. The Tot improved by a two-stor^ frame
dwelling, used as a saloon and double dwelling and
kitchen, etc.
Terms op Salr — 35 per cent cash on day of sale, 35
per cent on confirmation of sale, and balance in one
vear from day of sale, with interest ; to be secured by
bond and mortgage on the premises.
JOHN G. SEAGER,
C. W. KLINE, Administrator d. b. n. c. t. a.
Attorney. 34-36
ORPHANS' COURT SALE.
Estate of Peter Rockel, Jr. , deceased. By virtue
of an order of the Ohrphans' Court of Luzerne county,
the undersigned, as Trustee for the sale in partition of
the real esute of said decedent, will sell at public sale,
on the premises, in Hollenback township, on Saturday,
Julv 7tny 1883, at 10 o'clock A. M., the real esute de-
scrioed in said writ, beginning at a pine, thence by
land of Philip Mover, Jr., and M. Freck 130 perches,
thence by land of JohnWeiss iis^ perches to a stone,
thence by same 43 perches to a white oak, thence by
Daniel Snyder and Conrad Harter's lands 30o perches
to the place of beginning, containing 140 acres and 130
perches, strict measure; whereon is erected a large
two^tory frame dwelling house, wagon house, bank
bam, and other outbuildings, and a ^ood orchard.
Tbkms of Sale— I300 at the sinking down of the
properly, 33K per cent of the purchase money bid. less
$300, at confirmation absolute and delivery of deed,
[3/^ per cent, with interest, in one year from said con-
irmation absolute ; the interest on the remaining one-
third to be paid annually to the widow of said deoKlent
during her life, and at her death the principal to be
paid to her legal representatives as ascertained by the
Orphans' Court upon audit ; deferred paymepts to be
secured on the premises.
WILLIAM O'MALLEY,
M. E. WALKER, Trustee.
Attorney. a5-27
1^
ORPHANS' COURT SALE.
Estate of Anthony Schappert, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersized will sell at public sale, in the Arbitra-
tion room, in the Court House, at Wilkes-Barre, on
Tuesday, July 17th, 1883, at zo o'clock A. M., the fbl-
lowing real esute in the city of Wilkes-Barre, begin-
ning at a comer of Park avenue and Lehigh street,
thence along said Lehigh street 98 feet more or less to
line of land of John J. Buerkle, thence along said
Buerkle's land 156 feet more or less to land now or late
of Jacob Siley, thence along said Siley's land and
others 90 feet more or less to Park avenue aforesaid,
thence along Park avenue 148 feet more or less to the
place of beginning, with a two-story fiame dwelling
house, shed, and other outbuildings thereon.
Terms of Sale— 3s per cent on day of sate, and the
balance on confirmation of sale and delivery of deed.
BARBARA SCHAPPERT;
L. B. LANDMESSER, Administratrix.
Attomey. a5-97
IN RE ESTATE OF JOHN BLANCHARD,
deceased. Now, June 4th, 1883, the return of the
writ of partition in the above' esute having been con-
firmed absolutely, court grant rule on heirs and parties
in interest to accept, bid, or refuse the premises de-
scribed in said writ at the said appraisement, or show
cause why the same shall not be sold. Service of notice
on non-resident heirs to be made by publication in the
Legal Register and the MounUin Echo for three suc-
cessive weeks, and a marked copy of each issue of the
same to be mailed to the last known postoffice address
of such heirs. Returnable the first day of next day,
at 10 o'clock A. M. By the Court.
To Ada Robbins, New York City; Clarence Rob-
bins, Bellefonte, Pa.; John Robbins, MonUna Ty.,
and all other parties interested — You are hereby noti-
fied, in pursuance of the above order, to appear at the
next term of the Orphans' Court of Luzerne county,
to be held at Wilkes-Barre, on the first Monday of
September next, and accept, bid, or refuse the premi-
ses described in the writ of partition in this case, or
show cause why the same shall not be sold.
M. E. WALKER,
35-37 Solicitor.
ORPHANS' COURT SALE.
Esute of Thomas Hutchlns, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration
room, in the Court House, at Wilkes-Barre, on Satur-
day, the 3ist dav of July, 1883, at 10 o'clock A. M.,
the surface of all that lot of land in the township of
Kingston, beginning at a point on the main roaa, or
Wyoming avenue, iii feet from line of Kingston and
Exeter townships, being the center of a lo-foot alley,
thence along center of said alley 163 teet to a comer,
thence 50 feet to a comer, thence along land of Thos.
Hutchins, deceased, 163 feet to a comer on said Wyo-
ming avenue, thence alon^ said avenue 50 feet to the
place of beginning, conuining 8100 square feet of land ;
excepting all the coal and other minerals, with the
ri^t to mine and take out the same.
Terms of Sale — One-quarter of purchase money
down on day of sale, one-quarter on confirmation of
sale, and the balance, with interest from confirmation
of sale, in six months from day of sale ; to be secured
by bond and mortgage on the premises.
R. H. WEIR,
R. W. HUTCHINS,
WM. S. McLEAN, Administrators.
Attorney. 36-38
I
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitled "An Act to provide
for the incorporation ana regulation of ceruin corpora-
tion," approved April 39th, 1874, and the supplements
thereto, for the charter of an intended corporation, to
be called " The Kingston Coal Company, the char-
acter and ouject of which is the mining and preparing
for market coal, iron ore, and other minerals, and to
manufacture iron or steel, or both, and to exercise all
other righu and powers granted to such corporations
by the 38th section of said Act of Assembly of April
30, 1874, and for such purposes to have and to enjoy
all the rights, benefits, ana privileges of said Act of
Assembly and its supplements.
HUBBARD B. PAYNE,
36-a8 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of ceruin corporations," approved April
39th, 1874, and the supplements thereto, for the incor-
poration of an intended corporation, to be called " The
Craig Electric Lighting and Power Company," the
character and objects 01 which are the manufacturing
and supplving light, heat, and power to the citizens of
Pittston^^est Ptttston, and vicinity, and for these
Surposes to have, possess, and enjov the rights, bene-
ts. and privileges conferred by said Act of^Assembly
and its supplements.
A. E. DETRO,
36-38 Solicitor.
47
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NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Pleas of Luzerne county, at Cham-
bers, under the provisions of the Act of Assembly,
entitled "An Act to provide for the incorporation and
regulation of certain corporations," approved April 29,
1874. and the supplements thereto, on Saturday, the
7th day of July, 1883, at 10 o'clock A. M,, for the in-
corporation of^an intended corporation, to be called
•* The St. Joseph's Benevolent Society of Nanticoke,"
a society formed for the support of benevolent and
charitable purposes
L. B. LANDMESSER,
35-37 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of A.ssem-
bly, entitled "An Act for the incorporation and regula-
tion of banks of discount and deposit," approved May
13, 1876, and the supplements thereto, for the incorpo-
ration of an intended banking corporation, to be called
the " Nanticoke Bank," and to be located in the bor-
ough of Nanticoke, Luzerne county. Pa., the character
and objects of which are the carrying on the general
business of banking as a bank of deposit and discount.
W. H. HINES,
14-37 Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. ioil4. May term, 1883. Libel in divorce a vinculo
matrimonii. Mary Mountjoy, by her next friend, John
Dennis, v. John Mountjoy. The alias subpoena in
the above case having been returned non est inventus,
you, the said John Mountioy, are hereby notified to
appear at said court, on Monday, October i, 188^, at
10 o'clock A.M., to answer the complaint therem filed.
WILLIAM O'MALLEY,
T. R. MARTIN, Sheriff.
Solicitor. 33-36
AUDITOR'S NOTICE.
The undersizned, an Auditor, appointed by the
Court of Common Fleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of Sturdevant & Goff, will attend to the duties
of his appointment, at the office of £. P. & J. V.
Darling, in the city of Wiikes-Barre, on Friday, the
13th of July. 1883, at 10 o'clock A. M., at which time
and place all persons having claims against said fund
are notified to present the same, or be forever debarred
from coming in on said fund.
GEORGE H. FISHER
35-38 Auditor.
AUDITOR'S NOTICE
In Re Indebtedness of Foster township. The
undersigned has been appointed an Auditor to ascer-
tain and marshal the indebtedness of the above town-
ship. All those who have claims or demands against
the same are required to present them before me, on
Monday, July 16, 1883, at 10 o'clock A. M.
WILLIAM R. GIBBONS,
35-38 Auditor.
ESTATE OF WARREN BENSCOTER, LATE
of Union township, deceased.
Letters testamenury upon the above named es^te
having been granted to the under&igned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
G. L. BENSCOTER,
CLARINDA BENSCOTER,
33-37 Executors.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 333, February term, 1883. Libel in divorce a
vinculo matrimonii. Francis Trumbower v. Sophia
Trumbower. The alias subpoena in the above case
having been returned non est inventus, you, the said
Sophia Trumbower, are hereby notified to appear at
said court, on Monday, the 1st of October, 1883, at 10
o'clock A. M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
M. E. WALKER, Sheriff.
Solicitor. 33-36
ESTATE OF WILLIAM BRACE, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
FISHER GAY.
MYRTLE W. BRACE,
DICKSON & ATHERTON, Executors.
Attorneys. »3-**
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 156, May term, 1883. Libel in divorce a vinculo
matrimonii. J. C. Coon v, Emma E. Coon. The
alias subpoena in the above case having been returned
non est inventus, you, the said Emma E. Coon, are
hereby notified to appear at said court, on Monday,
the 1st day of October, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
JAMES MAHON, Sheriff
Solicitor. 36-39
ESTATE OF ROBERT THOMPSON, LATE
of Pittston, deceased.
Lettefs of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment J and those indebted thereto will please
make immediate payment to
MUNGO THOMPSON.
JANET THOMPSON,
GEO. S. FERRIS. Administrators.
Attorney. 2«-«7
AUDITOR'S NOTICE.
Estate of Bama Sutliff, dec'd. In Re Proceed-
ings in partition of real estate. The undersigned, an
Auditor, appointed by the Orphans' Court of Luzerne
county to marshal liens against decedent and heirs, to
fix and adiust owelty, dower, and amounts of recogni-
zances to be given, and to tax costs and make distribu-
tion, will attend to the duties of his appointment, at
his office, in the city of Wilkes-Barrc, on Wednesday,
the i8th day of July, 1883, at 10 o'clock A. M., at
which time all persons interested are hereby notified
to appear.
S. J. STRAUSS,
34-37 Auaitor.
ESTATE OF JESSE W. BAIRD, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, aU
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immeaiate payment to
HART PHILLIPS,
GEO. K. POWELL. Administrator.
Attorney. 93-^
48
ESTATE OF THOMAS McNAMARA. LATE
of Pittston. deceased. .
Letters of administration upon the above namca
estate having been granted to the undersigned, all pa**
sons having claims against the same will present them
for payment, and those indebted thereto will plea*«
make immeaiate payment to
ANN McNAMARA,
GEO. S. FERRIS. Administratrix.
Attorney. «»"*^
I
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ESTATE OF LEWIS R. LEWIS, LATE OF
Parsons, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
RACHEL LEWIS,
I. P. HAND, Executrix.
Attorney. 30-25
1
ESTATE OF THOMAS C. HARKNESS, LATE
of Wilkes-Barre. deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immemate payment to
ISAAC LIVINGSTON,
£. S. OSBORNE, Administrator.
Attorney. 20-25
ESTATE OF GEORGE H. HOCH, LATE OF
Dorrance township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY HOCH,
T. R. MARTIN, Administratrix.
Attorney. 26-31
ESTATE OF SALLY ABBOTT, LATE OF
Kingston township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
CHARLES A. MINER,
L. D. SHOEMAKER, Executor.
Attorney. 26-31
ESTATE OF OWEN CAFFREY, LATE OF
Ashley, deceased.
Letters testamentary upon the above named estate]
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
HONORA CAFFREY,
JOHN McGAHREN, Executrix.
Attorney. ao-25
ESTATE OF THOMAS H. FRANCIS, LATE
of Plymouth, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
Kyment, and those indebted thereto will please make
mediate payment to
GEORGE P. RICHARDS.
H. C. MAGEE, Executor.
Attorney. 20-25
ESTATE OF LOUIS ROUDY, LATE OF THE
township of Dorrance, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will^ please
make immediate payment to
GEORGE HELLER,
T. R. MARTIN, Administrator.
Attorney. 20-25
ESTATE OF DAVID KLINGER, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
N. D. SMITH,
26-31 Administrator.
ESTATE OF THOMAS McKIERNAN. LATE
of Hazle township, deceased
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
22-27
MARY McKIERNAN,
Administratrix.
ESTATE OF SAMUEL BALLIET. LATE OF
Sugarloaf, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
DAVID BALLIET,
22-27 Administrator.
McLEAN A JACKSON,
Attorneys at Law,
Wilkbs-Barrb, Pa.
CHAS. D. FOSTER,
Attorney at Law,
Wiucss-Barrb, Pa.
W. S. PARSONS,
Alderman,
Markbt Strbbt, Wilkbs-Babrb, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Pdblio,
Wilkbs-Barkb, Pa.
Digitized by
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Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday. July 6, 1883. No. 27.
dcrart of Common JJleas of £ttjerne €ountg.
EVERHART V, EVERHART.
The recommitment or a master's report to the master for a specific purpose does not open the whole
case, or permit the introduction by the defendant of an entirely new defense, such as the statute
of limitations.
Motions to Strike off decrees of March 12, 1883.
The opinion of the court was delivered March 26, 1883, by
Woodward, J. — On the 4th of September, 1882, we made an
order recommitting the master's report to the master, on the
ground that he had not, with sufficient clearness, disposed of a
single question raised before him by the counsel for the plaintiff
in an exception to his report.
On the 2d of October, 1882. defendant's counsel moved that
upon the recommitment, as above stated, the master be directed
to take into consideration certain additional matters, viz.: "all
the testimony in the case;" and, also, that the answer might be
so amended as to set up an entirely new defjnse, to wit: the
statute of limitations. We ordered these motions upon the next
regular argument list, and on the 4th of January, 1883, they were
argued and submitted.
On the i6th of January, 1883, the master filed his supplemen-
tary or corrected report, and to this report the defendant's counsel
filed exceptions. Thereupon, Monday, the 22d day of January,
1883, was fixed for the argument of the exceptions, and on that
day the hearing was continued until January 29. 1883, of all
which the defendant's counsel had notice. Upon the same day
Digitized by VjjOOQIC
1 68 EVERHART V, EVERHART.
the exceptions were dismissed and the report confirmed. This
practically disposed of the motions of October 2, 1882, which
had been argued and submitted to us. and to the pendency of
which no allusion had been made by the defendant in his excep-
tions to the supplemental report.
On the 1 2th of March, 1883, we made and entered the final
decree in the case, and also formally overruled the motions of
the 2d of October, 1882.
We are now asked to hold, that the master erred in making
his supplemental report while the motions of October 2, 1882,
were pending. It does not appear, however, that any order stay-
ing the proceedings of the master until these motions were dis-
posed of was ever granted or asked for, or that he had any notice
whatever of their existence in the case; nor, as we said before,
does it appear that the defendant's exceptions to the master's
supplemental report made any reference to the pendency of these
motions. It was the duty of the master to make and file his
supplemental report in pursuance of the order of the court, and
this duty he performed.
When we made the order overruling the exceptions and con-
firming the report of the master, we did so with full knowledge
of the pendency of the motions of October 2, 1882. They had
been argued and submitted, and the confirmation of the report
was a practical overruling of the motions, although the formal
decree to that effect was not entered until March 12, 1883, or
contemporaneously with the final decree in the case.
In conclusion, we will add, that as this case has now been in
court nearly nine years, we are disposed to think that the time
has arrived for a decree which, in form, at least, shall be ** final."
The motion to strike off the final decree of March 12, 1883, is
denied.
The motion to strike off the confirmation of the master's sup-
plemental report is also denied.
Messrs. Palmer, Dewitt & Fuller, for plaintiff.
A. Ricketts, Esq., for defendant.
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McLean v. Palmer. 169
Court of (Eommou Jpleos of Cujenu Countg.
McLean v. Palmer.
Fixtures.
I . l*he question of fixture or not dependb on the nature and character of the act by which the
structure is put in place, the policy of the law connected with its purpose, and the intentions of
those concerned in the act.
3. 7*he question of intention is one of (act to be left to a jury, and the finding of a referee has the
effect of a verdict, unless clearly unwarranted by the testimony.
3. The true criterion of an irremovable fixture consists in the united application of three tests, viz. :
ist. Real or constructive annexation of the article in question to the realty, ad. Appropriation
or adaptation to the use or purpose of that part of the realty with which it is connected. 3d.
The intention of the party malcing the annexation to make the article a permanent accession to
the freehold, this intention being inferred from the nature of the article affixed, the relation and
situation of the party making the annexation and the policy of the law in relation thereto, the
structure and mode of annexation, and the purpose or use for which the annexation has been
made. Of these three tests the clear tendency of modem authority seems to be to give preemi-
nence to the question of intention to make the article a permanent accession to the freehold, and
the others seem to derive their chief value as evidence of such intention.
4. Actual physical annexation is of itself of but little importance in determining the question of
fixtures.
5. To estop privies by a recital in a deed, such recital must be distinct, not general.
6. Lamps, chandeliers, candlesticks, candleabra, and the various contrivances for lighting houses by
oil or other fluids, have never been considered as fixtures, and as forming part of the freehold.
Exceptions to referee's report.
This was an action of replevin for four store counters, two
mirrors, one glass show case, and two chandeliers. The plea
was non cepit and property, the defendant having retained the
property by giving bond.
The facts found by the referee, L. H. Bennett, Esq., were as
follows :
In 1867 the defendant, who was then, and has ever since been,
engaged in carrying on the business of a hatter, erected on his
lot in Wilkes-Barre a three-story brick building, with a store
room on the first floor, which he fitted up and occupied for the
express purpose of carrying on his business aforesaid. The two
mirrors in question were of plate glass, set in stationary frames,
as particularly described by the referee. The counters were of
an expensive pattern, in the aggregate some sixty-four feet in
length, with numerous drawers of different sizes. The counters
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170 McLean v. Palmer.
were originally nailed to the floor, but were subsequently loos-
ened, in order that they might be more easily moved, from time
to time, in cleaning and scrubbing the room. The glass show
case was placed upon one of the counters without being fastened,
and contained fancy goods. There were plate glass show win-
dows in front of the store room, and lines of shelving on either
side enclosed with glass doons hung on hinges. The counters,
mirrors, shelving, etc., were intended as a permanent accession
to the freehold, and were necessary for the purpose of defendant's
business. In April, 1876, the defendant made a deed of assign-
ment of his real and personal propert>', including the lot and
store in question, in trust for creditors, to Douglass Smith. In
May, 1876, Smith and defendant deeded the lot to plaintiff, and
from this time the defendant continued to occupy the building
with his business under lease from plaintiff until March, 1880,
when the former removed, taking unth him the articles in ques-
tion. At the time of the assignment the defendant held a po!ic>'
of fire insurance covering, among other things, "show ^-indows
and plate glo^s in front of building, store fixtures, counters and
show cases, gas and water pipes, furnace and fixtures," which he
ossigtxed to Smith, who, in July, 1876, ass:>ned to plaintiff, the
latter pay* rig the unearned pn^mi um. At the expiration of this
policy the plaintiff took out anxher, using, as part of description
of pn?pert>\ the words, "'side show cases," instead of "show
cases." :a the o.-i^ioil. la August, iS*'?. Sniith assr^ed to
Darl:n^ tbe stock of gocvis, together with store fixtures and
a^Y^*'^^^*^"^^^^ ^^ *"^ st.'.'xr bur.iirrg. ani the Latter thereupon
ass;^:iKrv? to p!aint-ff
The retere^r concluics his .■-vcort as 5jllr.vs:
** It was ccacei^xi by :he pla :::nff upon the trtal tTat the coan-
tcr show cose one gas pcci^nts J -i a?t pass f? hi-n under the
■ieevi tK'fn Dougiass S:rvth aai iereaiait for the Market street
lot That such :s the law as t-^ th^ pen-Li_-Tt> :s >ett:c»i ia Vaugbea
r. Kalccniaa Casey, 5::.: .
"Aga a, :t was act c'a :rxei that t>ere wjs ever a tniasfer to
pto.nt'ff of aay ,>t the articles r^rple^^ei ^ch^r than as evkteoccd
by the iced >?r th«* nfol estl^.^
**Ko»\ then* Civi the c^^^uarer scow cose ami ^gas pendants
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McLean v. Palmer. 171
become the property of the plaintiff? He avers that the assign-
ment of the policy of fire insurance, the recital therein, the pay-
ment of the unearned premium, and the subsequent insurances
effected by him, as set forth in finding No. 10, operated to pass
the property in said articles to him, or that these elements of fact
estop the defendant from denying plaintiff's ownership.
"To estop privies by a recital in a deed, such recital must be
distinct, not general. Nagle v. IngersoU, 7 Pa. St. Rep. 185;
Wells V. Sloyer, i Clark, 516. As we read the description of the
property insured by the policy of insurance in question, originally
taken out by the defendant, it does not necessarily include the
counter show case or the gas pendants. There were in the store
building, as we have seen, stationary side show cases, formed by
hanging glass doors in front of the shelving. These certainly
justified the use of the words *show cases' in the policy, and as
very persuasive evidence that even the plaintiff did not under-
stand that term as including the counter show case^ he, in renew-
ing the insurance, as we have found, used the words ^side show
cases* thereby particularly excluding from the terms of the new
policy the counter show case in question.
"Again, the words *gas and water pipes, furnaces and fixtures,'
do not necessarily include the gas fixtures, viz. : the chandeliers
or pendants. The recital in the assignment of the policy is to be
read and construed in connection with the deed for the real
estate to the plaintiff, and no articles of a personal nature which
did not, as matter of law, pass as part of the realty should, by
general terms, be held to pass by a mere recital.
"As was said by the court in Vaughen v. Haldeman {supra)y
* lamps, chandeliers, candlesticks, candleabra, and the various
contrivances for lighting houses by oil or other fluids, have never
been considered as fixtures, and as forming part of the freehold;'
and the learned judge concludes by holding that gas fixtures are
governed by the same rule as the articles for which they are
substituted.
"The plaintiff, therefore, as matter of law, and as matter of
fact also, for the knowledge of the law is part of his profession,
cannot be held to have been misled by the recital in question as
to the gas pendants any more than in the matter of the counter
Digitized by VjjOOQIC
172 McLean v. Palmer.
show case, and for these reasons we think it would be an unjust
rule to hold that the defendant has been deprived of the articles
in question by a mere recital of the character referred to.
" We come now to the question of the ownership of the coun-
ters and mirrors under the facts as found. It is laid down in
Ewell on Fixtures (pp. 21-22), that according to the weight of
modern authority and of reason, the true criterion of an irremov-
able fixture consists in the united application of three tests, viz.:
1st. Real or constructive annexation of the article in question to
the realty. 2d. Appropriation or adaptation to the use or pur-
pose of that part of the realty with which it is connected. 3d.
The intention of the party making the annexation to make the
article a permanent accession to the freehold, this intention being
inferred from the nature of the article affixed, the relation and
situation of the party making the annexation and the policy of
the law in relation thereto, the structure and mode of the annex-
ation, and the purpose or use for which the annexation has been
made. It is further laid down by the same author that of these
three tests the clear tendency of modern authority seems to be
to give preeminence to the question of intention to make the
article a permanent accession to the freehold, and the others seem
to derive their chief value as evidence of such intention.
" This doctrine seems to be clearly in accord with the authorities
in Pennsylvania, where, however, the Supreme Court has repeat-
edly emphasized the proposition that actual physical annexation
is of itself of but little importance in determining the question of
fixtures. Voorhis v. Freeman, 2 W. & S. 116; Pyle v. Pennock,
Id. 390; Christian z/. Dripps, 28 Pa. St. Rep. 271; Hill z/. Sewald,
53 Id. 271; Meigs' Appeal, 62 Id. 28; Patterson v, Delaware
County, 70 Id. 381 ; Seeger v. Pettit, 77 Id. 437.
" The referee has discovered no Pennsylvania case where, as
between vendor and vendee, a controversy has arisen as to what
constitutes a fixture passing to the latter in the case of the trans-
fer of a store building fitted up for certian business. The cases
in this State generally pertain to manufacturing establishments
of some kind or other where different kinds of machinery are
used. He can see no reason, however, why the principles of
those cases are not equally applicable to the one under conside-
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McLean v. Palmer. 173
ration. Taylor v, Robinson (36 Barbour, 483) was similar to the
one in hand. There the shelving, drawers, and counter tables
of a country store, fitted up for that purpose, were held to pass
to the grantee of the freehold, as without them the building was
not adapted to the business.
"In view of the law, as thus understood, the findings of fact by
the referee, particularly as to the appropriation and adaptation of
the counters and mirrors, and the intention of the defendant in
placing them in his store room, determine the ownership of these
articles. The referee, therefore, finds the following conclusions
of law:
" I. That at the time the writ in this case was issued, the right
of property in, and the right of possession of, the counter show
case and the gas pendants were in the defendant, and had been
since August 8th, 1876, when the transfer set forth in finding
No. 12 took place.
" 2. That at the time of the issuing of said writ, the right of
property in, and the right of possession of, the four counters and
the two mirrors were in the plaintiff, and had been since the 31st
of May, 1876, when he, the said plaintiff, became the owner
thereof by virtue of the deed to him set forth in finding No. 4.
•' 3. That the plaintiff is entitled to recover damages in this
action for the value of the four counters and two mirrors, on the
9th of March, 1880, with interest from that time, to wit, for the
sura of three hundred and sixteen dollars and thirty-eight cents;
and unless exceptions are filed to this report, the prothonotary is
directed to enter judgment acc6rdingly."
The opinion of the court was delivered April 17, 1882, by
Rice, P. J. — In the case of Meigs* Appeal (12 P. F. Sm. 28),
Mr. Justice Agnew says: " The question of fixture or not depends
on the nature and character of the act by which the structure is
put in place, the policy of the law connected with its purpose,
and the intentions of those concerned in the act." But, as is well
said by the learned referee, the clear tendency of modern author-
ity seems to be, to give preeminence to the question of intention
to make the article a permanent accession to the freehold, and
the other tests seem to derive their chief vatlue as evidence of
Digitized by VjjOOQIC
174 McLean v. Palmer.
such intention. Judged by the modern rule, we think the facts,
as found by the referee, fully warranted his conclusion, that such
was the intention with which the mirrors were, both physically
and constructively, and the counters were, constructively at least,
attached to the freehold by the defendant.
In Seeger v. Pettit (27 Sm. 437) it was held, that the question
of intention should be left to the jury. This being the case, the
finding of the referee has the effect of a verdict of the jury, and
while the statute requires us to consider exceptions to a referee's
findings of fact, as well as of law, the court will not reverse them,
except where they are clearly unwarranted by the testimony.
It was suggested on the argument that the case of Johnson v.
Mehaffy (7 Wr. 308) is adverse in principle to the conclusion
reached here. We do not so think. The articles named in the
opinion are referred to to illustrate the point before the court,
and not with any intention, so far as we can see, to place them
in the same category with gas fixtures, which, it is said in
Vaughen v, Haldeman (9 C. 522), do not become part of the real
estate. That case does not decide, nor does the opinion warrant
the conclusion, that the fact that the articles in controversy
would not fit or be adapted to any other building or store-room
is essential to the plaintiff's recovery, " though," says Chief Justice
Lowrie, "this peculiarity of adaptation may, by inference or cor-
roboration, supply the want or the weakness of direct evidence
of annexation, whenever this fact can be reasonably said to be
left in doubt by the other evidence.'* As we understand the
opinion, the fact alluded to would be pertinent, but its conclusive-
ness would depend on other circumstances. The real point of
the decision is, that though there be peculiarity of adaptation, an
intention to annex in the future is not enough, but there must be
"a purpose of annexation actually effected." These two condi-
tions concur in this case, and, therefore, for the reasons so fully
stated by the learned referee, his report must be confirmed.
The exceptions are overruled, the report confirmed, and judg-
ment entered thereon for the plaintiff for the amount reported by
the learned referee.
Wm. S. McLean, Esq., for plaintiff.
Hon. H. B. Payne, for defendant.
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ORPHANS' COURT SALE.
Estate of W. W. Ketcham, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration
room, in the Court House, at Wilkes-Barre, on Satur-
day, August 4, 1883, at II o'clock A. M., the following
described real estate :
1. All those lots of ground in the township of Wilkes-
Barre, being lots Nos. 48, 50, 6a, 64, 78, 79, xoo, loi,
X06, 107. 114, 115, I30, 121, 126, 127, 132, 133, X38, X39,
142, 151, 152, 153, 154, 163, 164, 165. 166, 17a, 174, 185.
187, 247, 253. 253, 258, 259, 264, and 265, in a plan of
lots laid out oy Brown el ai.
2. Also lots Nos. 39, 171, 173, 182, 184, 194, 237, 329,
3^9, 240, 241, and 242 in said plan, situate in the city
of Wilkes-Barre.
3. Also an undivided interest in lots Nos. 70 and 11 1
in said plan, situate in said township.
4. Also an undivided interest in lots Nos. 49, 51, 53,
and 55 in said plan, situate in said city.
5. Also an undivided interest in a lot of ground in
said city, bounded on the easterly side by land of
William McLaughlin, on the northerly side by the
Wilkes-Barre Coal Company railroad and a creek, and
on the southerly side by Miller street, being a triangu-
larpiece of land, the quantity unknown.
Tbrms of Sale — Cash down on day of sale.
JOHN M. KENNEDY,
J. G. MILLER, Administrator.
Attorney. 37-29
ORPHANS' COURT SALE.
Esute of Peter Rockel, Jr., deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned, as 1 rustee for the sale in partition of
the real estate of said decedent, will sell at public sale,
on the premises, in Hollenback township, on Saturday,
July 7tn. 1883, at 10 o'clock A. M., the real estate de-
scribed in xaid writ, beginning at a pine, thence by
land of Philip Mover, Jr., and M. Frcck 130 perches,
thence by land of JohnWeiss 1X2J4 perches to a stone,
thence by same 43 perches to a white oak, thence by
Daniel Snyder and Conrad Harter's lands 200 perches
to the place of beginning, containing 140 acres and 130
perches, strict measure; whereon is erected a large
two-story frame dwelling house, wagon house, bank
bam, and other outbuildings, and a ^ood orchard.
Tkkms op Sale — ^$300 at the stnking down of the
property, 33M per cent of the purchase money bid, less
$300, at confirmation absolute and delivery of deed.
33K per cent, with interest, in one year from said con-
firmation absolute: the interest on the remaining one-
third to be paid annually to the widow of said decedent
during her life, and at her death the principal to be
paid to her legal representatives as ascertained by the
Orphans* Court upon audit; deferred payments to be
secured on the premises.
WILLIAM O'MALLEY,
M. E. WALKER, Trustee.
Attorney. 25-27
ORPHANS' COURT SALE.
Elstate of Anthony Schappert, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will sell at public sale, in the Arbitra-
tion room, in the Court House, at Wilkes-Barre, on
Tuesday, July 17th, 1883, at 10 o'clock A. M., the fol-
lowing real estate in the city of Wilkes-Barre, begin-
ning at a comer of Park avenue and Lehigh street,
thence along said Lehish street 98 feet more or less to
line of land of John J. Buerkle, thence along said
Buerkle's land 156 feet more or less to land now or late
of Jacob Siley, thence along said Siley's land and
others 90 feet more or less to Park avenue aforesaid,
thence along Park avenue 148 feet more or less to the
^ce of beginning, with a two-story frame dwelling
bouse, shed, and other outbuildings thereon.
Teams of Sale — 2s per cent on day of sale, and the
balance on confirmation of sale and delivery of deed.
BARBARA SCHAPPERT,
L. B. LANDMESSER, Administratrix.
Attorney. 25-27
I
ORPHANS' COURT SALE.
Estate of Thomas Hutchins, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration
room, in the Court House, at Wilkes-Barre, on Satur-
day, the 2xst dav of July, 1883, at jo o'clock A. M.,
the surface of all that lot of la^ in the township ot
Kingston, beginning at a point on the main roaa, or
Wyoming avenue, zxi feet from Hue of Kingston and
Exeter townships, being the center of a lo-foot alley,
thence along center of said alley 163 feet to a comer,
thence 50 feet to a comer, thence along land of Thos.
Hutchins, deceased, 162 feet to a comer on said Wyo-
ming avenue, thence along said avenue 50 feet to the
place of beginning, contaimng 8x00 square feet of land ;
excepting all the coal and other minerals, with the
n^ht to mine and take out the same.
Terms of Sale — One-quarter of purchase money
down on day of sale, one-quarter on confirmation of
sale, and the balance, with interest from confirmation
of sale, in six months firom day of sale ; to be secured
by bond and mortgage on the premises.
R. H. WEIR,
R. W. HUTCHINS,
WM. S. McLEAN, Administrators.
Attomey. 26-38
IN RE ESTATE OF JOHN BLANCHARD,
deceased. Now, June 4th, 1883, the return of the
writ of partition in the above estate having been con-
firmed absolutely, court grant mle on heirs and parties
in interest to accept, bid, or refuse the premises de-
scribed in said writ at the said appraisement, or show
cause why the same shall not be sold. Service of notice
on non-resident heirs to be made by publication in the
Legal Register and the Mountain Echo for three suc-
cessive weeks, and a marked copy of each issue of the
same to be mailed to the last known postoffice address
of such heirs. Returnable the first day ot next day,
at 10 o'clock A. M. Bv the CoiniT.
To Ada Robbins, New York City ; Clarence Rob-
bins, Bellefonte, Pa. ; John Robbins, Montana Ty.,
and all other parties interested — You are hereby noti-
fied, in pursuance of the above order, to appear at the
next term of the Orphans' Court of Luzerne county,
to be held at Wilkes-Barre, on the first Monday or
September next, and accept, bid, or refuse the premi-
ses described in the writ of partition in this case, or
show cause why the same shall not be sold.
M. E. WALKER,
25-27 Solicitor.
IN RE SATISFACTION OF MORTGAGE.
Henry M. Hoyt to John Grandin, Mortgage Book
23, page 353. No. 30, October term, 1883. In the
Court of Common Pleas of Luzerne county. To John
Grandin, his legal represenutive or representatives —
Take notice that the petition of Herz Lowenstein has
been filed in the Court of Common Pleas of Luzerne
county, in which petition the said Lowenstein makes
application to the court to have satisfied of record the
mortgage recorded in the Recorder's office of Luzerne
county, in Mortgage Book 33, page 353, Henry M.
Hoyt being the mortgagor and John Grandin the
mortgagee. You are therefore required to appear and
and answer the said petition on the first day of next
term, to wit, on Monday, the xst day of October^ 1883,
at 10 o'clock A. M., at which time the court will ap-
point a Commissioner to take testimony in the matter.
WILLIAM O'MALLEY,
27-29 Shenflf.
AUDITOR'S NOTICE
In Re Indebtedness of Foster township. The
undersigned has been appointed an Auditor to ascer-
tain and marshal the indebtedness of the above town-
ship. All those who have claims or demands against
the same are required to present them before me, on
Monday, July 16, 1883, at xo o'clock A. M.
WILLIAM R. GIBBONS,
Auditor.
25-38
51
Digitized by VjjOOQIC
AUDITOR'S NOTICE.
Estate of Barna Suthff, dec'd. In Re Proceed-
ings in partition of real estate. The undersigned, an
Auditor, appointed by the Orphans' Court of Luzerne
county to marshal liens against decedent and heirs, to
fix and adjust owelty, dower, and amounts of recogni-
^nces to be given, and to tax costs and make distribu-
tion, will attend to the duties of his appointment, at
his office, in the city of Wilkes-Barre, on Wednesday,
the i8th day of July, 1883, at 10 o'clock A. M.. ai
which time all persons interested are hereby notified
to appear.
S. J. STRAUSS,
24-27 Auditor.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of Sturdevant & Goflf, will attend to the duties
of his appointment, at the office of E. P. & J. V.
Darling, in the city of Wilkes-Barre, on Friday, the
13th of July. 1883, at 10 o'clock A. M.. at which time
and place all persons having claims against said fund
are notified to present the same, or be forever debarred
from coming in on said fund.
GEORGE H. FISHER,
25-28 Auditor.
ESTATE OF SAMUEL BALLIET, LATE OF
Sugarloaf. deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
DAVID BALLIET,
22-37 Administrator.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county-
No. 156, May term, 1883. Libel in divorce a vinculo
matrimonii. J. C. Coon v. Emma E. Coon. The
alias subpoena in the above case having been returned
non est inventus, you, the said Emma E. Coon, are
hereby notified to appear at said court, on Monday,
the ist day of October, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
JAMES MAHON, Sheriff.
Solicitor. 26-39
ESTATE OF WILLIAM BRACE, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them fori
payment, and those indebted thereto will please make
immediate payment to
FISHKR GAY,
MYRTLE W. BRACE,
DICKSON & ATHERTON, Executors.
Attorneys. 23-28
ESTATE OF JESSE W. BAIRD, LATE OF
Kingston, deceased.
Letters of administration upon the above named
estate having been granted to the undersiened, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
HART PHILLIPS,
GEO. K. POWELL, Administrator.
Attorney.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitled "An Act to provide
for the incorporation and regulation of certain corpora-
tion," approved April 29th, 1874, and the supplements
thereto, for the charter of an intended corporation, to
be called " The Kingston Coal Company, the char-
acter and ooject of which is the mining and preparing
for market coal, iron ore, and other minerals, and to
manufacture iron or steel, or both, and to exercise all
other rights and powers granted to such corporations
by the 38th section of said Act of Assembly of April
20, 1874, and for such purposes to have and to enjoy
ail the rights, benefits, and privileges of said Act ot
Assembly and its supplements.
HUBBARD B. PAYNE,
26-28 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
ESTATE OF GEORGE H. HOCH, LATE OF j charitable purposes
Dorrance township, deceased.
Letters of administration upon the above named [25-27
estate having been granted to the undersigned, all per- ' ~
Court of Common Pleas of Luzerne county, at Cham-
bers, under the provisions of the Act of Assembly.
entitled "An Act to provide for the incorporation and
regulation of certain corporations," approved April a<j,
1874. and the supplements thereto, on Saturday, tbe
7th day of July, X883, at 10 o'clock A, M., for the in-
corporation of^an intended corporation, to be called
23-28 r' The St. Joseph's Benevolent Society of Nanticoke,**
' a society formed for the support of bcncvoleuc and
L. B. LANDMESSER,
Solicitor.
sons having claims against the same will present them I M^^T^9^ .'^ S^^^^Y ^^V^?''^ THAT AN
for payment, and those indebted thereto will please M-^ application will 4)e made under the Act of Assem-
makc immediate payment to |bly. entiUed "An Act to provide for the incorporation
MARY HOCH, and regulation of certain corporations, approved April
Administra'trix. ;a9t*». ^^74, and the supplements thereto, lor the incor-
25.31 jporation of an intended corporation, to be called *• The
jCraig Electric Lighting and Power Company," the
•f V ' ' *^ ''
T. R. MARTIN,
Attorney.
j character and objects of which are the manufacturing
*-'*^[and supplying light, heat, and power to the citizeniis of
, - . - , , . ; Pittston, West Pittston, and vicinity, and for the«e
Letters testamentary upon the above naiticd estate purposes to have, possess, and enjoy the rights, bene-
te!!5 ^J^5!Jl"*:!.llu J.!»!L"llI?'?!!!?J.,^^^^ .»"** privileges conferred by said Act of As^mbly
ESTATE OF SALLY ABBOTT, LATE
Kingston township, deceased
A. E. DETRO.
Solicitor.
°^ JT^OTICE IS HEREBY GIVEN THAT AN
having claims against the same will present them for Ln^ its supplements,
payment, and those indebted thereto will please make
immediate payment to 06-98
CHARLES A. MINER,
L. D. SHOEMAKER, Executor.
A"o'n«y- 26-31 , j^>| application will be made under the Act of Ajy^m-
jbly, entitled "An Act for the incorporation and rcgula-
E STATE OF DAVID KLINGER, LATE OF tion of banks of discount and deposit," approved May
Salem township, deceased. 113, 1876, and the supplements thereto, for the incorpo-
Letters of administration upon the above named ration of an intended banking corporation, to be call^
estate having been granted to the undersigned, all per- the " Nanticoke Bank," and to be located in the bor^
sons having claims against the same will present them|ough of Nanticoke, Luzerne county, Pa., the character
for payment, and those indebted thereto will please and objects t)f which are the carrying on the general
make immediate payment to {business of banking as a bank of deposit and discount
N. D. SMITH. W. H. HINES,
26-31 Administrator. 1 14-27 Solicitor
52 I
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, July 13, 1883. No. 28.
Qxtfxtnxt €(mxt of {ItnnapliHxnia.
Dunning v. Heller.
Writing his name across the baclc of a promissory note by the payee is an indorsement, notwith-
standing the signature is preceded by a detailed statement of the payee's financial condition,
and of the consideration of the note.
Error to the Common Pleas of Luzerne county.
The opinion of the court was delivered April 30, 1883, by
Paxson, J. — The note in controversy was offered in evidence
without objection on the part of defendant. This disposes of the
argument based on the rule of court and the affidavit of defense.
Conceding the right of the defendant to demand proof of the
signature, he waived it by allowing the note to go in without
objection.
The learned judge below, however, non-suited the plaintiff for
the reason that the note^was not indorsed. It was made payable
to the order of the maker. His name was written across the
back of the note, in the place where indorsements are usually
placed. Over his signature we find the following words :
" I hereby certify that I own and am worth in personal and
real estate, in the county of Luzerne, and State of Pennsylvania,
24,000 over and above all indebtedness, and that the within obli-
gation is given for goods bought by me of the Queen City Ferti-
lizing Company, and the same is in full settlement of all claims
and demands of every name and nature between said company
and myself up to the date of this obligation.
(Signed) "Renatus Heller."
Digitized by VjjOOQIC
176 Dunning v. Heller.
The learned judge, in granting the motion for a non-suit, said:
" I do not think that the signature in question can have a two-
fold force — one as a contract growing out of the certificate, and
the other as an indorsement of negotiable paper."
We do not think the words over the indorsement amount to a
contract. They contain a statement as to the indorser's pecun-
iary responsibility, and the consideration of the note. It was
unnecessary, and, perhaps, foolish, for the maker to put all this
over his signature as indorser. But he has done it, and as it does
not vary his contract as maker and indorser, we are unable to
say, as a matter of law, that the note was not indorsed as required
by the commercial law. Nor was the learned judge strictly
accurate in saying that the signature cannot have a two -fold
force. The indorser may waive protest over his indorsement,
which, manifestly, gives a two-fold character to his signature, and
affects the rights of the parties.
It was held in Ege v. Kyle (2 Watts, 222) that an indorsement
on a negotiable note of a receipt on account of a quantity of iron,
"the net proceeds of which are to be credited on the within," and
which were afterwards credited on it by indorsement, did not
destroy its negotiable character. The usual form of indorsement
is by writing the name of the indorser across the back of the
note. When the note is payable to order, any order in writing
is sufficient which shows an intent to pass the title. Thus, **!
give this note to A. — George Chaworth," was held to be a suffi-
cient indorsement. Chaworth v. Beachi^ 21 Vesey, 555. And
where the indorsement is in the form of a guaranty, it has been
held sufficient. Partridge v, Davis, 20 Vermont, 499; Upham v.
Prince, 12 Mass. 14; Myrich v, Hasey, 27 Maine, 9; Childs v.
Davidson, 38 111. 438; Watson v, McLaren, 19 Wend. 557.
This disposes of the single point in the case. No other ques-
tion is properly presented upon the record, and no other will be
discussed.
Judgment reversed, and a procedendo awarded.
John McGahren, Esq., for plaintiff in error.
Alexander Farnham, Hubbard B. Payne, and Gustav Hahn,
Esqs., for defendant in error.
Digitized by VjjOOQIC
Heller v. Leach. 177
dotirt of (lommon JJUob of Cnjtnie (Hottntg.
Heller t/. Leach.
A sheriff's inquisition and extension of real estate will not be set aside because the jury did not take
into view all the incumbrances upon the land, in fixing the annual sum to be paid, where the
party complaining appeared before the inquest, and gave the usual notice of election to retain,
and has received payments under the extension until his judgment is nearly paid off. He will
be held estopped.
The opinion of the court was delivered May 8, 1882, by
Woodward, J. — The real estate of the defendant was levied on
by virtue of an execution issued upon the above judgment. On
the 2d of September, 1881, the real estate in question was ex-
tended by the sheriff's jury of inquest at the annual sum of two
hundred and twenty dollars, and, upon the same day, the attor-
neys for the writ gave notice to the defendant of plaintiff's inten-
tion to permit him to retain possession at the annual valuation
fixed by the inquest. On the 29th of September, 1881, the
defendant, by paper duly filed, signified his intention to accept
the proposition of the plaintiff, and retain possession under the
statute. It further appears that the plaintiff has received from
the defendant the installments as they fell due under the exten-
sion, and that his judgment has been very nearly, if not entirely,
paid off; the only controversy being over a question of costs.
The plaintiff now asks to have the inquisition and extension set
aside, on the ground that the jury did not take in view all the
incumbrances, and that the annual sum of two hundred and
twenty dollars will not pay the liens in seven years.
Assuming, as seems to be true, that the jury of inquest failed
to perform their duty in not considering the total amount of all
the incumbrances, and in not fixing the extension at such a sum
as would pay them all in the time allowed by law, it still remains
to inquire whether the plaintiff is the proper party to complain.
He obtained a judgment against the defendant; issued execution
thereon, which he had levied upon certain real estate; appeared
before the inquest, and was present during their deliberations
Digitized by VjjOOQIC
178 Keeley v. Wentzel.
upon the case; and, after they had acted and fixed upon the
annual sum to be paid, gave the usual notice to the defendant of
his election to permit him (the defendant) to remain in possession.
Further, it is not denied by the plaintiff that he has accepted
payments of the installments under the extension, until his judg-
ment has been paid off, leaving out of view certain costs which
are in dispute.
Under these circumstances, we are of the opinion that the
plaintiff is precluded and estopped from setting up the erroneous
action of the inquest as a ground for annuling the extension, and
the rule is therefore discharged.
Messrs. Ryman & Lewis, for plaintiff.
N. Taylor and A. H unlock, Esqs., for defendant.
(ffottrt of (lommon Ipkos of Cnjenu . Countg.
Keeley v. Wentzel.
The record of the justice is defective in not stating the hour at which the judgment was rendered,
the judgment bef ng by de&ult.
Certiorari,
The opinion of the court was delivered June 23, 1883, by
Woodward, J. — The record in this case is defective in not
stating the hour at which the judgment was rendered. This is
necessary in all cases where the defendant fails to appear, and the
judgment against him is by default.
The proceedings are reversed.
The new law in Kentucky, fixing one mile as the legal dis-
tance between a church and saloon, was passed for the purpose of
ascertaining how rapidly a Kentuckian can get over the ground.
Some great bursts of speed are reported as having occurred
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of W. W. Ketcham, deceased. By virtue |
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration
room, in the Court House, at Wilkes-Barre, on Satur-
day, August 4, 1883, at II o'clock A. M., the following
described real estate :
1. All those lots of ground in the township of Wilkes-
Barre, being lots Nos. 48, 50, 69, 64, 78, 79, 100, loi,
106, 107. 114, 115, zao, zai, 126, 127, 133. 133, 138, 139,
142. 151, 152, 153, ISA, 163, 164, 165. 166, 172, 174, 185.
187, 247, 233, 253, 258, 259, 264, and 265, in a plan of
lots laid out by Brown et al.
2. Also lots Nos. 39, 171, 173, 183, 184, X94, 227, 239,
239. 3^, 341, and 242 in said plan, situate in the city
of Wilkes-Barre.
3. Also an undivided interest in lots Nos. 70 and izi
in said plan, situate in said township.
4. Also an undivided interest in lots Nos. 49, 51, 53,
and 55 in said plan, situate in said city.
5. Also an undivided interest in a lot of ground in
said city, bounded on the easterly side by land of
William McLaughlin, on the norUierly side by the
Wilkes-Barre Coal Company railroad and a creek, and
on the southerly side by Miller street, being a triangu-
larpiece of land, the quantity unknown.
Terms op Sale — Cash down on day of sale.
JOHN M. KENNEDY.
J. G. MILLER, Administrator.
Attorney. 27-29
AUDITOR'S NOTICE
In Re Indebtedness of Foster township. The
undersigned has been appointed an Auditor to ascer-
tain and marshal the indeotedness of the above town-
ship. All those who have claims or demands against
the same are required to present them before me, on
Monday, July lO, 1883, at 10 o'clock A. M.
wir ~
ORPHANS' COURT SALE.
Estate of Thomas Hutch ins, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration
room, in the Court House, at Wilkes-Barre, on Satur-
day, the 2ist day of July, 1883, at 10 o'clock A. M.,
the surface of all that lot of land in the township of
Kingston, beginning at a point on the main roaa, or
Wyoming avenue, iii feet from line of Kington and
Exeter townships, being the center of a lo-foot alley,
thence along center of said alley 162 teet to a comer,
thence 50 feet to a comer, thence along land of Thos.
Hutchins, deceased, 162 feet to a comer on said Wyo-
ming avenue, thence alon^ said avenue 50 feet to the
place of beginning, containing 8zoo square feet of land;
excepting all the coal and other minerals, with the
right to mine and take out the same.
Tbkms op Sale — One-quarter of purchase money
down on day of sale, one-quarter on confirmation of
sale, and the balance, with interest from confirmation
of sale, in six months from day of sale ; to be secured
by bond and mortgage on the premises.
R. H. WEIR,
R. W. HUTCHINS,
WM. S. McLEAN, Admhiistrators.
Attorney. 36-38
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 156, May term, 1883. Libel in divorce a vinculo
matrimonii. J. C. Coon v. Emma £. Coon. The
alias subpoena in the above case having been returned
Don est inventus, you, the said Emma £. Coon, are
hereby notified to appear at said court, on Monday,
the ist day of October, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'M ALLEY,
JAMES MAHON, Sheriff.
Solicitor. 26-29
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzeme county to distnb-
ute the fiind arising from the Sheriff's sale of the real
estate of Sturdevant & Goff, will attend to the duties
of his appointment, ai the office of E. P. & J. V.
Darling, in the city of Wilkes-Barre, on Friday, the
13th of July. 1883, at 10 o'clock A. M., at which time
and place all persons having claims against said fiind
are notified to present the same, or be forever debarred
from coming in on said fund.
GEORGE H. FISHER,
35-28 Auditor.
I
25-38
LLIAM R. GIBBONS,
Auditor.
N'
OTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
Commonwealth of Pennsylvania, under the provisions
of the Act of Assembly, entitlea "An Act to provide
for the incorporation ana regulation of certain corpora-
tion." approved Apnl 29th, 1874, and the supplements
thereto, for the charter of an intended corporation, to
be called " I'he Kingston Coal Company,^' the char-
acter and ouject of which is the mining and preparing
for market coal, iron ore, and other minerals, and to
manufacture iron or steel, or both, and to exercise all
other rights and powers granted to such corporations
by the 38th section of said Act of Assembly of April
20, 1874, and for such purposes to have anid to enjoy
all the rights, benefits, ana privileges of said Act of
Assembly and its supplements.
HUBBARD B. PAYNE,
26-28 ^. Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
and regulation of certain corporations," approved April
39th, 1874, and the supplements thereto, ror the incor-
poration of an intended corporation, to be called " The
Craig Electric Lighting and Power Company," the
■acter and objects of wh*
Pittston, West Pitteton, and vicinity, and for these
hich are the manufacturing
ing light, heat, and power to the citizens of
purposes to have, possess, and enjov the rights, bene-
fits, and privileges conferred by said Act of^Assembly
and its supplements.
A. E. DETRO,
36.38 Solicitor.
IN RE SATISFACTION OF MORTGAGE.
Henry M. Hoyt to John Grandin, Mortgage Book
31, page 353. No. 30, October term, 1883. In the
Court of Common Pleas of Luzeme county. To John
Grandin, his legal representative or representatives —
Take notice that the petition of Herz Lowenstein has
been filed in the Coun of Common Pleas of Luzeme
county, in which petition the said Lowenstein makes
application to the court to have satisfied of record the
mortgage recorded in the Recorder's office of Luzeme
county, in Mortgage Book 33, pase 252, Henry M.
Hoyt Deing the mortgagor and John Grandin the
mortgagee. You are therefore required to appear and
and answer the said petition on the first dav of next
term, to wit, on Monday, the ist day of October, 1883,
at xo o'clock A. M., at which time the court will ap-
point a Commissioner to take testimony in the matter.
WILLIAM O'MALLEY.
37-39 Sheriff.
ESTATE OF GEORGE H. HOCH. LATE OF
Dorrance township, deceased.
Letters of administrauon upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY HOCH,
T. R. MARTIN, Administratrix.
Attomey. 36-31
ESTATE OF DAVID KLINGER, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
Jor payment, and those indebted thereto will please
'make immediate payment to
N. D. SMITH,
36-31 Administrator.
53
Digitized by VjjOOQIC
SHERIFF'S SALES. i westerly along said Grove street 36 feet 9 inches to a
Abstract uf property to be sold by Wm.O'Malley,! comer, thence northwesterly at right angles to said
Sheriff of Luzerne county, on Saturdav, August 4th J Grove street 120 feet to a comer, thence northeasteriy
A. D. 1883. at 10 o'clock A. M.. at the Arbitration; on a line parallel with said Grove street 36 feet 9 inches
room, in the Court House, Wilkes-Barre, who will to a comer, thence southeasterly on a line pualld
proceed with the different properties in the order in 'with Moyallen street 120 feet to the place of beginning;
which they are numbered, to wit : | improvements, one two-story frame dwelling house,
I I outhouses, and firuit trees.
Suit of Tmstces of Estate of E V Kidder, noW| guit of Mary Elliott v. (L>rge Blackburn,
assigned to Thomas Farrell, v. Elizabeth Holds worth, ' * McLean Att'v
Executrix of John Holdsworih deceased. I 1. The surface of all that piece of land in theW
287 October term. 1883. Debt, $259 00. Fi fa 50 ough of Plymouth, beginning at a comer on Church
Oaober term, 1883 f ^'T^*"*,: ^'^ ^' 'street, thenJe by land sold toViUiam O'Hara 148 «ect
The surface of all that piece of land in the city of t^ a <<^m<.^ »k»»/.» «i««» o «.«-!, .^ t^* ►^ « Z.^^
line of an alley at an intersection with Bowman strwt^ j p;;;';*^;*;;^';"^ double ft^eXuse, outbuildings, fniit
thence northeasterly along the line of said street 50 feet (fg^g ^^^ • »>
to a comer, thence at right angles to said Elowroan '
street to the line of the right of way of the Lehigh and
Susquehanna Railroad, thence southwardly along said
line of right of way to land of Peter Straub, thence
along said Straub's line to line of Bowman street, the
place of beginning, being 50 feet front on Bowman
street, and extending back to said line of ri^ht of way,
with a two-story brick dwelling house, with a stone
basement, and a two-story frame dwelling house, with
a stone basement, and frame summer kitchen, and
other outbuildings thereon.
3
Suit of Robt. Seamans & Co. v. Wyrewood Thomas.
65 February term, 1883. Debt, I739.40. Fi. fa. 25
June term, 1883. Miller. Att'y.
All the surface of that lot of land in the borough
of Plymouth, beginning at a comer on the northwest-
erly side of Main street 81 feet in a southwesterly
direction from land of Albert Gabriel, thence along
Main street 100 feet to a comer, thence 124 feet to a
corner, thence 124 feet to Main street, the place of be-
ginning, containing 12,400 square feet of land; im-
provements, one two-story frame dwelling house, out-
buildings, and fruit trees.
Suit of W. P. Kirkendall, Assignee, v. George Fritz.
77 September term, 1880. Debt, $876.25 Fi. fa.
7 October term, 1883. Kyman, Att'y.
All that lot of land in the city of Wilkes-Barre. be-
;inning at a corner in line of Lincoln street, between
i"^An' thatliot'of land in Parsons boriugh.'b^inni'ng J?" ^^- ^ and 7. thence by line of Lincoln street 45
at a comer of lot No. 26, thence 100 feet to a comer onj fe*' '» » corner, thence by a uer of lots mnning from
alley, thence 50 feet along said alley to a corner, thence Northampton street 1x7 feet to a comer at the back
100 feet to a comer on Oliver street, thence 50 feet t?l°i l°ij^_<>l^'A*"^^_'*5.™_'?.**^.™*'^ ^^^
along Oliver street to place o( beginning, containing
5,000 square feet of ground, more or less ; excepting
and reserving out of the same all the coal and other
minerals in and under said lot ; there is a two-story
double frame house erected on said lot, about 20 by 3a
feet.
2. All that piece of land in the Fourteenth ward,
city of Wilkes-Barre, bounded on the southerl)r side
by lands of John R. Hunter and Patrick Martin, on
the westerly side by land of Harding, Mayer, and
McLean, on the northerly side by land of the estate
of William Smith, and on the easterly side by Sprace southwesterly parallel with said alley 94 feet to a cor-
street, being 50 feet in front un Sprace street by aooiner, thence southeasterly parallel with said Hartford
Nos. 6 and 7, thence 117 feet to the place of begioniog,
containing 5,265 feet, more or less ; all improved, with
a two-story wooden dwelling house, shop, outhoioes,
farm, and trait ttrees thereon.
8
Suit of Abijah Davenport et al. v. Emily Keizer.
Sturges, Att'v.
The surface of that lot of land in the borough of
Ashley, beginning at a point on the southeast side of
Hartford street about 50 feet from the center of an
alley on line of lands sold to Amold Bertels, thence
feet in depth, with a two-story frame house, with back
kitchen attached, outhouses, and frait troes thereon.
street about 70 feet to a comer, thence northeasterly
at rieht angles to last mentioned corner about 94 feet
to HartfoKl street aforesaid, thence northwesterly
o'rr- un^i-ji^^i. »»/-. u along Hartford Street about 70 feet to the place of be-
buit of Geo. H. Famsh and Chas. M. Conyngham ginning; improved, with one 1 54-story frame dwelling
^" AM J°"**- QQ n u « < V J house, outbuildings, frait trees, and well of water
Debt, $205.36. Vend. ex. 33
McLean, Gibbons, Att'ys.
thereon.
28-30
226 May term. 1883.
June term, 1883.
All ttiat lot of land in Wilkes-Barre township, Seing
lot No. 12, in block D, on plot in hands of George H.
Parrish et al., said lot being 50 feet in front on Sprace
street, and 200 feet in depth ; coal and other minerals
reserved.
4
Suit of Geo. H. Parrish and Chas. M. Conyngham
V, John S. Jones.
227 May term, 1883. Debt, $205.36. Vend. ex. 34
June term, 1881. McLean,' Gibbons, Att'ys.
All that lot of land in Wilkes-Barre township, being
lot No. II, in block D. on plot in hands of George H.
Parrish et al., said lot being 50 feet in front on Sprace
street, and 200 feet in depth ; improved, with 2-siory. c'tati? f\v cattv Ai>t»rvt»^ ¥ tc nv
frame dwelling house, 20 feet long by 12 feet wide, and INSTATE OF SALLY ABBOTT, I^TE Of
other outbuildings thereon ; coal and minerals reserved. ^ Kingston township, decked.
I Letters testamentary upon the above named estate
5 I having been granted to toe undersigned, all persons
ESTATE OF WILLIAM BRACE, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
FISHER GAY.
MYRTLE W. BRACE,
DICKSON & ATHERTON, Executors.
Attomeys. 33-28
Suit of William Connell, Assignee, v. Jackson Lunn
200 November term, 1880. Debt, $531.09. Fi. fa.
46 October term, 1883. McLean, Att'y.
All that piece of land in the citv of Wilkes-Barre,
beginning at a point on the west side of Grove street,
148 feet 3 inches from Moyallen street, thence south-
54
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
CHARLES A. MINER.
L. D. SHOEMAKER, Executor
Attorney. 26-31
1
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday. July 20, 1883. No. 29.
Court of Common T^lzas of Cujtmc Countg.
Reese v. Payne & Co.
I. Negligence of fellow-servants — the rule of law in r^ard thereto.
3. A new trial will not be granted simply because counsel in addressing the jury referred to the
action of the jury on the former trial. Objection should have been made at the time, and the
court would then protect the party complaining, either by withdrawing a juror, or by a proper
caution in their charge.
The opinion of the court was deh'vered January 2, 1883, by
Woodward, J. — The first reason assigned in favor of a new
trial is, that the verdict was against the weight of the evidence ;
and a portion of the second reason is, that the court erred in
disaffirming defendants' fifth point. As to both these reasons,
we content ourselves with the answer afforded by the language
of Mr. Justice Gordon, which is as follows: "The method of
using the blow-off pipe of their boilers was certainly not a strong
point of their (the defendants') case. This pipe, used for the
blowing off of some six or more boilers, terminated in a wooden
box some twenty inches or two feet in the ground, and directly
under the path over which the hands from the colliery were con-
stantly passing and repassing to and from the repair-shop and
prop-yard. That the action of the water and steam, thus con-
fined, must necessarily hollow out and cave in the loose material
around and above it was something that did not require the
learning of an expert to foresee and predict; and we think it
would take a good deal of evidence, and a very ingenious argu-
ment, to convince a jury of average intelligence that such an
arrangement was one of even ordinary safety."
The answer of the court to the sixth point is also complained
of This, in substance, was a request that we should take the
Digitized by VjjOOQIC
i8o Reese v. Payne & Co.
case from the jury, on the ground that the accident was caused,
in any view of the case, not by the neghgence of the defendants
themselves, but by that of a fellow-servant or workman, and that
for such negligence the defendants were not liable. We declined
to charge as requested, on the ground that the legal principle
sought to be invoked was not applicable to the case in hand At
the outset of the charge the jury were distinctly instructed, first,
that if they believed the method adopted for disposing of the
steam was good and ordinarily safe, and such as ordinarily pru-
dent men would employ, then there was no negligence on the part
of the defendants, and the case was at an end ; and secondly, that
even if they believed the defendants negligent, but were also of
the opinion that the plaintiff himself was guilty of want of ordi-
nary care, so that his own negligence concurred with that of the
defendants in producing the injury, then and in that case their
verdict should be for the defendants. It must be, therefore, that
the jury, thus instructed, found, first, the fact of negligence on
the part of the defendants; and secondly, that the plaintiff him-
self was not guilty of any concurrent negligence. And from this
it follows that the sixth point of the defendants was correctly
disposed of The rule in regard to the negligence of fellow-
servants is this: "The master is not liable to a servant for injury
caused by the negligence of a fellow-servant, provided he is him-
self free from the imputation of negligence in connection with
the injury. Bigelow on Torts, 709. If, therefore, we are right
in assuming that the jury regarded the instructions given them,
then there was no room left for the application of the doctrine of
the law invoked by the defendants in their sixth point. That the
general rule referred to is the one adopted in Pennsylvania will
be apparent to any one who will study the cases. See Murphy
V. Crossan, 11 W. N. C. 9; Green and Coates St. Pass. R. R. v,
Bresmer, 10 W. N. C. 380. We refer also and particularly to the
case of 0*Donnell v, Allegheny Valley R. R. Co. (9 P. F. S. 239),
where the whole subject is fully discussed by Mr. Justice Agnew.
See also the case of Fuller v. Jewett (80 N. Y. 46), where it was
held that the machinists of a railroad company, who are employed
to manufacture and repair its engines, are not to be considered
as co-employees or fellow-workmen of the engineers employed
Digitized by VjjOOQIC
Reese v. Payne & Co. i8i
to run the engines, because they are not engaged in the same
general business.
The only other question demanding attention is raised by the
third reason assigned for granting a new trial. This is based on
the alleged improper conduct of counsel for the plaintiff, who, in
making his argument to the juiy, used the following language:
"These witnesses (referring to the testimony of defendants* wit-
nesses in regard to steam issuing from the ground) testified on
the other trial just as strong as they do now; the other jury did
not regard them, and I trust this jury will do as that jury did,"
etc. It is proper to state that at the time of the argument I was
busily engaged in preparing the notes of my charge, and did not
personally notice the language of counsel. But it is admitted
that at least one of the counsel for the defendants was present,
heard the argument, and made a note of the speech now com-
plained of, without interposing any objection, or asking the court
to caution the jury as to its effect. Admitting, then, that the
language used was objectionable, and that the court, upon
application made at the time, would either have withdrawn a
juror and continued the case, or else have noticed the matter in
their charge in such a manner as to have prevented prejudice to
the defendants' case, it remains to inquire whether, under the
circumstances, it is our duty to grant a new trial at the request
of the defendants. In Wharton on Criminal Law (§ 3334), we
find the rule on this subject, as applied to criminal practice, laid
down as follows: "A new trial will not be granted simply because
counsel i-n their addresses traveled beyond the evidence, unless
the court was called upon to interpose, and, on a case requiring
it, refused to do so." In McCorkle v. Binns (5 Binn. 348), where
it was known to one of the parties, before verdict rendered, that
a juror, before he was impaneled, had declared that he had made
up his mind against him, it was held that it was the duty of the
party complaining to make the facts known at once, and that he
could not take the chance of a verdict in his favor, and, upon its
being against him, move for a new trial. The language of the
Supreme Court is this: "Now, if the defendant supposed that he
should not have a fair trial, he ought to have laid the matter im-
mediately before the court, and requested that the jury might be
Digitized by VjjOOQIC
1 82 Commonwealth v. Taylor.
discharged. He ought not to have taken the chance of a verdict
in his favor, and kept his motion for a new trial in reserve, be-
cause the plaintiff and the defendant were then placed on an
unequal footing/* In St. Louis Railway Co. v. Myrtle (reported
in 51 Indiana Rep. 576), the language of the court is as follows:
" It is settled by the very decided weight of authority that the
failure of the court to interfere when opposing counsel are pres-
ent in court, and do not ask the interposition of the court, or
object to the line of argument being pursued, will not entitle the
party to a new trial." See also Commonwealth v. Twitchell, i
Brewster, 592, and Commonwealth v. Hanlon, 3 Brewster, 496.
We have thus considered all the questions raised by the motion
(or a new trial, and are of the opinion that no sufficient reason
for a new trial have been established.
The motion for a new trial is denied, and the rule discharged.
John Lynch, Esq., for plaintiff.
Messrs. Palmer, Dewitt & Fuller, for defendants.
dourt of ifiiuarter Sessions of Cujerne (lountg.
Commonwealth v. Taylor.
X. Th« act of Assembly of the 8th of June, i88t, entitled "An act to provide for the r^stration of all
practitioners of medicine and surgery/' is a constitutional and valid statute, and not within the
prohibition as to laws ex post facto.
2. A vested right or property in a business calling or profession can only exist when the pursuit or
practice of it is in conformity with the law of the land.
3. The distinction between laws which are retrospective merely and those ex fost/ttcto.
The opinion of the court was delivered June 23, 1883, by
Woodward, J. — The defendant was convicted upon two indict-
ments preferred against him under the act of Assembly of June
8. 1 88 1, entitled "An act to provide for the registration of all
practitioners of medicine and surgery." One of these indict-
ments charges that he did " wrongfully and unlawfully engage in
and pursue the practice of medicine and surgery for gain and
reward in the city of Wilkes-Barre, not being a graduate of a
Digitized by VjjOOQIC
Commonwealth v, Taylor. 183
legally chartered medical college or university having authority
to confer the degree of doctor of medicine, and not having been
in the continuous practice of medicine or surgery in this Com-
monwealth since 187 1," etc. The other indictment charges that
the defendant did unlawfully and falsely make affidavit to a state-
ment that he had been in the continuous practice of medicine
and surgery in this State since the year 1871, which affidavit and
statement was filed and registered in the office of the prothono-
tary in accordance with section 5 of the act of Assembly of June
8, 1881. The two cases were, by consent of counsel and with
the approval of the court, tried together. The result of the trial
was a general verdict of guilty, and the case is now before us on
a motion in arrest of judgment and for a new trial, founded on
two reasons, which are, first, that the act of Assembly of June 8,
1881, is an ex post facto law, and therefore unconstitutional; and
secondly, that the court erred in admitting in evidence the affida-
vit of the defendant filed in the prothonotary*s office, the same
having been sworn to before a deputy, instead of the prothono-
tary himself
The constitution of the United States, in article i., section 10,
provides that no State shall pass any bill of attainder, ^^r^^^/y^^/^
law, or law impairing the obligation of contracts. The constitu-
tion of Pennsylvania also declares, in article i., section 17, that
" no ex post facto law, nor any law impairing the obligation of
contracts, or making irrevocable any grant of special privileges
or immunities, shall be passed."
Is the act of Assembly of June 8, 188 1, an ex post facto law?
If so, is it unconstitutional and void?
An ex post facto law is thus described by Mr. Justice Black-
stone: "When, after an action (indifferent in itself) is committed,
the legislator then, for the first time, declares it to have been a
crime, and inflicts a punishment upon the person who has com-
mitted it/'
In Cooley on Constitutional Limitations it is said that a law
comes within the intent of the prohibition when " it makes an
action done before the passing of the law, and which was inno-
cent when done, criminal, and punishes such action." Cooley on
Const Lim., star page 265.
Digitized by VjjOOQIC
184 Commonwealth v, Taylor.
An ex post facto law is one which makes an act punishable in
a manner in which it was not punishable when it was committed.
Fletcher v. Peck, 6 Cranch. 138; Lane v. Nelson, 2 W. N. C. 216.
There is a distinction to be noted between laws ex post facto
and those which are objectionable merely because they are retro-
spective. Every ex post facto law must necessarily be retroactive,
but every retroactive law is not ex post facto. The former are
prohibited by the constitution ; the latter are not. A law that
takes away or impairs rights vested agreeably to existing law is
retrospective, and may be unjust, but it is not necessarily uncon-
stitutional. There is nothing in the constitution of the United
States, nor of Pennsylvania, to prevent retrospective legislation,
provided it does not impair the obligation of a contract, or change
the punishment of a criminal act. See Lane v. Nelson, supra.
With these definitions and distinctions clearly in mind, let us
see in what way, and with what effect, they are applicable to the
present case. Dr. Taylor, the defendant, was indicted, not for
having practiced medicine and surgery without a diploma, or
without a continuous experience and practice of ten years, prior
to the passage of the act of June 8, 1881 ; but, on the contrary,
the offence charged was a violation of the statute after its passage,
in continuing to practice in violation of its provisions. The date
of the offence set out in the indictment is the 2d of October,
1882, or a point of time some sixteen months later than the date
of the statute. He was not tried, and is not to be punished,
for anything done, or omitted to be done by him, prior to the 2d
of October, 1882. Nothing done by him before the act of
Assemby, and which was then innocent, is now made criminal,
nor is he charged with any offence of that character. But it is
alleged against him that, after the passage of the act of June 8,
1 88 1, and with full knowledge of its requirements, he continued
in the practice of a profession for which he did not possess the
necessary and legal requirements. In other words, the precise
question in the case is this: Did Dr. Taylor, on the 2d of Octo-
ber, 1882, hold a diploma as a graduate of a legally chartered
medical college or university, having authority to confer the
degree of doctor of medicine; or, not having such diploma, had
he been in the continuous practice of medicine and surgery in
Digitized by VjjOOQIC
Commonwealth v, Taylor. 185
this Commonwealth since the year 1871 ? As he makes no claim
of being a graduate from a medical college, the question is nar-
rower still. And this question of continuous practice since 1871
was distinctly submitted to the jury as the important question of
fact in the case under the evidence.
Again, it must be remembered that the defendant has recog-
nized the force of the obligation imposed on him by this act of
Assembly. He did not refuse to be bound by it, and challenge
its validity. On the contrary, he presented himself at the pro-
thonotary's office, and made the required affidavit, which was
duly filed and registered. He was charged with having sworn
falsely, and this issue, as we have said, was tried before the jury,
and fairly submitted to them as a question of fact. In this
respect, the present case is to be distinguished from that of the
Comlth. V. Wasson (2 York Leg. Rec. 211), decided by Wickes,
J., whose opinion was handed to us at the time of the argument.
Something was said during the argument to the effect that the
statute in question might be obnoxious to the objection that it
would deprive the defendant of his property, without the judg-
ment of his peers, or due process of law. But what vested right
or property can a man have in a profession, unless he conforms
to the law of the land in his pursuit and practice of it? A
familiar illustration might be found in our system of granting
licenses for, and regulating the manufacture and sale of, intoxi-
cating liquors. A man may have a natural and vested right to
spend his money as he pleases. He may invest it in win^s and
liquors to any extent, but if he desires to dispose of them to
others as a dealer, he must do so in conformity with the restric-
tions of the statutes. The same principal animates and pervades
all those laws, which compel the inspection and branding of flour
and meal; the inspection of whiskey; the compulsory suppres-
sion of many kinds of business dangerous and detrimental to the
safety or health of a community; and the power of taxation, almost
unlimited, reposed in the Legislature. The right to compel a
lawyer to pursue, for a certain time, a prescribed course of study,
and to submit himself to the ordeal of an examination, as a con-
dition precedent to entering upon the practice of the profession
of the law, and receiving its emoluments, has never been success-
Digitized by VjjOOQIC
1 86 Commonwealth v. Taylor.
fully questioned, and this in the absence of any positive statute
on the subject. Under the common law of England, all persons
desirous of following any trade were obliged to serve a regular
apprenticeship of seven years, and an attempt to engage in a
trade without having first served an apprenticeship was made
punishable under the statute of 5 Elizabeth, c. 4. See 2 Black-
stone Com. 159, 197. And it would seem that all the arguments
drawn from considerations of the welfare of the public, and the
general good, apply with peculiar force to the profession of med-
icine and surgery. In no other avocation or profession is mere
pretence and quackery so common, and in no other is it so diffi-
cult to detect and demonstrate their existence.
We are of the opinion that the act of Assembly of June 8,
1 88 1, is not an ex post facto law, but that it is, in all respects, a
valid and constitutional statute.
We are also of the opinion that the deputy prothonotary might
administer the oath, as was done in the present case. In Com-
monwealth V, Greason (5 S. & R. 332) it was held that a deputy
clerk of the peace has power to administer the oath required on
the registry of a negro or mulatto servant, although the act
required the clerk of the peace to administer it. The language
of Tilghman, C. J., is as follows: "By this act the clerk of the
peace is authorized and required to administer the oath; and as
it was well known that it was usual for the clerks of the peace to
appoint deputies, there can be no doubt but it was the intent of
the act that, in such case, the deputy should administer these
oaths." This case was decided in 1 8 19, and was followed, in
1828, by the case of the Commonwealth v. Allen (17 S. & R. 285)
where the court say: "It has never been questioned, nor can it,
that a prothonotary may make a deputy, and a deputy may do
all acts which his principal can do." See also the case of Com-
monwealth V. Jermon (29 Leg. Int. 165), which was a prosecution
for perjury, and where the oath was administered by a deptuty
prothonotary, and held to be sufficient.
The motions in arrest of judgment and for a new trial are
denied.
John McGahren, Esq., for plaintiff.
T. R. Martin, Esq., for defendant.
Digitized by VjjOOQIC
Swallow v. Red Ash Coal Co. 187
Caurt of dommon JpUos of Cujenie (Countg.
Swallow v. Red Ash Coal Co.
It is misconduct on the part of a magistrate to omit to inform a party who has given bail for a«
appeal, and paid the cosu, that an affidavit is aUo required to perfect the appeal.
Rule to strike oif appeal, etc.
The opinion of the court was delivered June 23, 1883, by
Woodward, J. — On the 14th of May, 1883, an order was made
by Judge Rice that the rule in this case stand over until the next
argument court, with leave to the defendants in the meantime to
take depositions. The purpose of this was to ascertain whether
the omission of the defendants to file the proper affidavit for an
appeal was caused by the fault, fraud, or misconduct of the mag-
istrate, and whether the defendants were or were not themselves
guilty o{ laches.
The deposition of J. C. Williamson has been taken. It shows
that after calling at the alderman's office during business hours
for the purpose of taking an appeal, and finding it locked, he met
the alderman in the court house. They went together to the
bar office, where the alderman made out a bill of costs, which
Williamson paid. Bail was given for the appeal, and the tran-
script was afterwards forwarded by the magistrate by mail. Mr.
Williamson states that nothing whatever was said to him about
an affidavit, and that he was prepared to make one if he had
known that the law required it
The alderman is careful to state in his transcript that the
defendants failed to file the required affidavit. This fact is im-
portant as showing, first, that the alderman knew that an affidavit
was necessary; and secondly, that he failed in his duty in accept-
ing payment of the costs and taking bail for the appeal without
apprising Mr. Williamson of the further requirement of the law.
This was misconduct on the part of the magistrate, by which the
defendants were deceived and misled.
The rule to strike off the appeal is discharged, and it is now
Digitized by VjjOOQIC
l88 FiDEUTV AND CASUALTY Co. V. HeSTY.
directed that the defendants have twenty days in which to perfect
their appeal according to law.
J. T. Lenahan, Esq., for plaintifll
J. A. Opp, Esq., for defendants.
dourt of (Jlommon IpUas of Cujeriu Countp.
Fidelity and Casualty Co. t\ Hesty.
r. The act of April 4, 2873, in regard to foreign insurance companies, does not enlarge the jurisdiaioD
of justices of the peace so as to permit them to direct process to a constable of another county.
a. The acts of April 24, 1857, and ^ April 8, 1868, refer to actions commenced in courts of record only.
Certiorari,
The opinion of the court was delivered June 23, 1883, by
Woodward, J. — The summons in this case was issued by an
alderman of the city of Wilkes-Barre, and directed to the consta-
ble of Reading, Berks county, Pennsylvania. It was returned
served by such constable, " on the within named defendant, the
7th of March, 1883, personally, by producing to Geo. P. Zeiber,
Esq., state attorney or agent for the Fidelity and Casualty Com-
pany of New York, the original, and informing him of the con-
tents thereof"
It is claimed that this method of obtaining service of a sum-
mons upon a foreign insurance company, doing business in this
State, is warranted by the thirteenth section of the act of April
4, 1873 (Purd. 1798,//. 22). The act of March 20, 1810 (Purd.
850, //. 40), defines the powers of justices of the peace in civil
causes, and directs that process shall issue to the constable of the
township, ward, or district where the defendant usually resides,
or can be found, or to the next constable most convenient to the
defendant. It is the universal practice, however, for justices to
i^sue their precepts to any constable of the county. It does not
seem to us that the act of April 4, 1873, was intended to so
enlarge the jurisdiction of justices as to permit them to direct
process to a constable of another county. The acts of April 24,
Digitized by VjjOOQIC
Krueger v. Rutledge. 189
1857 (Purd. 802), and of April 8, 1868 (P. L. 70), prescribe the
method of serving process upon insurance companies of other
States, doing business in this State, but both these acts, in our
opinion, refer to actions commenced in courts of record, and not
to those before justices ofHhe peace. See Clark v. Wooley, 7
S. & R. 352.
The first and second exceptions are sustained, and the proceed-
ings are reversed.
Messrs. Bennett & Nichols, for plaintiff.
E. A. Lynch, Esq., for defendant.
dottrt of dominon JJUas of Cujenu (JTountB-
Krueger v, Rutledge et al.
Equity — Ityunction — Landlord and itnani^
I. The act of December 14, 1863 (landlord and tenant), is a complete system for obtaining possession
by a landlord.
3. The plaintiff, a tenant, daimed that before the expiration of the term he had acquired the rights
of a vendee under an agreement accompanying the lease : Held^ that this was a defense which
he could make before the justice, and that the court had no jurisdiction in equity to restrain the
landlord from proceeding under the statute to try his right to repossess himself of the leased
premises.
Motion for preliminary injunction.
The opinion of the court was delivered April 26, 1882, by
Rice, R J. — This motion must be refused, for the reason that
the facts alleged do not give a court of equity jurisdiction to
restrain the defendants from proceeding before the alderman. If,
as matter of fact, before the expiration of the term, the plaintiff
acquired the rights of a vendee under the agreement accompany-
ing the lease, this is a defense which he may make before the
alderman, whose proceedings we are now asked to restrain.
Newall V. Gibbs, i W. & S. 496; Koontz v. Hammond, 12 Sm.
177. The remedy provided by the landlord and tenant act of
1863 is not one-sided, for it allows to the defendant ample scope
to allege and prove any legal defense he may have against the
Digitized by VjjOOQIC
190 Hodges v. Laurel Run Lodge.
plaintiflPs demand, with the right of review by appeal ox certiorari.
Brown's Appeal, 16 Sm. 155; Heritage v. Wilfong, 8 Sm. 137;
Quinn v, McCarty, 31 Sm. 475. The magistrate is not to give
judgment against the tenant unless it shall "appear right and
proper" to him. He thus has ampl^ power to hear such matter
of defense as is alleged in this bill. If dissatisfied with his judg-
ment, the tenant may appeal, and have the case tried before a
jury as an action of ejectment. It is true, the appeal is not a.
supersedeas^ but the statute makes ample provision to satisfy him
in damages in case he finally succeeds, and for all necessary writs
to restore to him the possession.
It is conceded that the plaintiff went into a possession under a
lease from the defendant, and that the term named therein is at
an end. The plaintiff's remedy under the statute is complete,
and under all the authorities it is clear that we have no jurisdic-
tion in equity to restrain the defendants from proceeding under
the statute to try their right to repossess themselves of the leased
premises in question. Brown's Appeal, ^w/r^/ Reynolds v, Davis
et al,, I Kulp, 342. The authorities cited seem to us to be so
clearly decisive that we need not elaborate further.
The motion for a preliminary injunction is refused.
E. Robinson and T. J. Chase, Esqs., for plaintiff.
W. S. McLean and A. Bauman, Esqs., for defendants.
dourt of Common Jpleas of Cujenie (jTouutg.
Hodges v. Laurel Run Lodge, No. 344, Knights of Pythias.
Equity.
Where the answer is responsive to the bill, the latter must be sustained by the testimony of two
witnesses, or of one witness and strongly corroborative circumstances.
Exceptions to master's report.
The opinion of the court was delivered May 8, 1882, by
Rice, P. J. — By its charter the defendant society undertakes
to grant weekly benefits, as they are called, to disabled members
Digitized by VjjOOQIC
Hodges zk Laurel Run Lodge. 191
in good standing. The plaintiff's demand is for benefits accrued
since October 5, 1876, and he prayed for a decree that the society
account for and pay over the same to him. Assuming that a
court of equity has jurisdiction at all, in order to show that the
plaintiff was entitled to the benefits claimed, it was material to
aver, not merely that he was in good standing at the time he
became disabled, as is alleged in the third paragraph of the bill,
but that he was in good standmg during the period covered by
his present claim. Art. XVI., § 3, Constitution. This was the
point in issue, and it is to this point that the defendant's answer
must be held to apply. If, therefore, the averment, on the plain-
tiff's part, of this material fact is to be implied from the averment
that he was in good standing when his disability commenced in
1875, then, clearly, a similar implication must be made in favor
of the answer, and the denial that he was in good standing at the
time he made a legal claim for assistance was not the introduc-
tion of new matter, but was so responsive to the material element
of the plaintiff's averment as to require him to establish it by
affirmative proof. It is true, the fourth paragraph of the bill
avers, in general terms, that the plaintiff, being disabled, was
entitled to receive the relief claimed. This is a very general and
sweeping allegation; but if it be held that it is sufficiently specific
to require an answer from the defendant, it must also be conceded
that the answer is quite as sweeping, as well as specific, in this
particular, in denying that the plaintiff was ever justly entitled to
the relief claimed. The plaintiff might, by greater particularity,
have required a more specific answer; but, after careful conside-
ration, we conclude that the answer is responsive, and the only
evidence introduced in support of the disputed averments being
that of the plaintiff, the master rightly held that the bill was not
sustained by the quantum of proof required by the equity rule.
And now. May 8, 1882, this cause having been heard on bill,
answer, proofs, and report of master, and having been argued by
counsel and duly considered by the court, it is ordered, adjudged,
and decreed that the bill be dismissed, at the cost of the plaintiff.
H. A. Fuller, Esq., for plaintiff.
A. Ricketts, Esq., for defendant.
Digitized by VjjOOQIC
192 Long v. Caffrev.
Court of Common JJUos of Cujerne Conntp.
Long v, Caffrey.
s. A plaintiff who has fiiiled to recover in a scire facias upon a mechanics' Hen may reM>rt to an
action of debt against the same defendant upon die original contract, without payment of cost&
allowed in the mechanics' lien proceeding.
2. Where the defendant in the action upon the contract has appeared before arbitrators, and agreed
to the entry of a judgment against himself for a sum certain, reserring the ri^^t to appeal, and
has then entered his appeal, the application to set aside the proceedings because of non-payment
o( costs b too late.
3. Powell V. Wyoming Valley Manufacturing Co. (9 Luz. Leg. Reg. 115; i Kulp, 91) presents the
exact converse of the present question.
Rule to stay proceedings until payment of costs.
The opinion of the court was delivered September i8, 1882, by
Woodward, J. — It is the well settled policy of the law to pro-
tect parties from being harrassed by a multiplicity of suits for the
same cause of action. In the case of Neritt v. Lade (3 Doug.
396), the first suit was in the Exchequer, and the second in the
King's Bench, and the latter court stayed the proceedings until
the costs of the former were paid. And it seems that the prac-
tice of compelling payment of costs is not confined to cases in
which there has been a trial on the merits, but is applicable as
well to cases of discontinuance, non proSy and judgment on
demurrer. See Gerety v. Reading Railroad Co., 9 Phila. Rep.
153. The leading case in this State seems to be Fleming v.
Pennsylvania Insurance Co. (4 Barr, 475), where, in a second suit
upon a policy of insurance, it was held that the costs upon a
former suit in a different court, but upon the same policy, ending
in a compulsory non-suit, must be paid by the plaintiff as a con-
dition precedent to such suit.
The first difficulty in the present case arises when we come to
apply the practice in question to the circumstances under which
the two suits were instituted. The first proceeding was by a
scire facias issued upon a mechanics* lien. The defense to this
suit was successful. The plaintiff then resorted to the present
action of debt upon the original contract. In a certain sense, the
Digitized by VjjOOQIC
Long v, Caffrey. 193
cause of action in both cases is the same, viz.: the work done
and the materials furnished in and about the erection of a build-
ing. But, in another view of the matter, the mechanics' lien was
but a collateral security, and the plaintiff was at liberty to pro-
ceed against the property on it at the same time that he resorted
to a personal action against the defendant. The one is a statu-
tory remedy, and is strictly a proceeding in rem, while the other
is the common law right of action for the recovery of a debt,
which, when pursued to judgment, entitles the plaintiff to have
execution upon all, or any portion, of the defendant's estate. The
exact converse of the present question was presented in the case
of Powell V, Wyoming Valley Manufacturing Co. (9 Luz. Leg.
R^g- ^^5; I Kulp, 91), which went up from this county. In
that case the Supreme Court, in affirming the ruling of Judge
Rice, hold that a judgment in a personal action for materials
furnished is no bar to a proceeding upon a mechanics* lien for
the same materials. And if this be so, it would seem to follow
that the complaint of multiplicity of suits cannot be successfully
urged in a case like the present one, but that the opinion of the
Supreme Court, in the case first referred to, expresses the doctrine
of the law when it says, that "a party may have many securities
for the same debt, and may proceed on them all until he obtains
satisfaction.*'
We are of the opinion, therefore, that the authorities relied on
by the learned counsel for the defendant are not applicable to
the present case, and that the fact of the plaintiff's failure to
recover upon his mechanics' lien does not subject him to the
necessity of paying costs before proceeding with his personal
action.
There is still another view of this case which we feel bound to
notice, and which would compel us to discharge the present rule.
The plaintiff brought suit on the 15th of February, 188 1. On
the 8th of February, 1882, he entered a rule to arbitrate, and
.service of this rule was accepted by defendant's counsel. Arbi-
trators were duly chosen, and the arbitration fixed for the 8th of
March, 1882. Upon that day an agreement in writing was made
between the counsel for the plaintiff and the defendant, and filed
in the office of the prothonotary. This agreement is as follows :
Digitized by VjjOOQIC
194 Long v. Caffrey.
"Now, March 8, 1882, it is hereby agreed that judgment should
be entered in above case in favor of the plaintiff, and against the
defendant, in the sum of ^1,203.85, with interest from March 8,
1882: to have the same force and effect as if the above-named
arbitrators had met at the time and place fixed in the within rule,
and, after having been sworn and heard the proof and allegations
of the parties, had duly awarded in favor of the plaintiff, and
against the defendant, in the above sum of ;$i, 203.85. The said
defendant to have the right to appeal in the usual way at any
time with twenty days from the filing of this agreement.
(Signed) '*L. B. Landmesser,
*' Attorney for Plaintiff.
"Harding & McGahren,
''Attorneys for Defendant!'
On the 22d of March, 1882, the defendant appeared at the
prothonotary's office, and entered his appeal, as from an award
of arbitrators, in the usual form. On the 24th of April, 1882,
. the present rule was taken.
It is now too late, it seems to us, for the defendant to complain
of the non-payment of costs in the scire facias before suit brought,
and to ask for a stay of proceedings on that ground. If he might
have done this successfully at any time, it is clear that he cannot
do it now. By appearing before the arbitrators, agreeing to an
award, and reserving only the right to appeal, he has recognized
the right of the plaintiff to bring the suit, and has waived his
right to claim abatement until payment of costs as a precedent
condition. The award, when filed, became a lien and incum-
brance upon the defendant's real estate, and the security thus
acquired by the plaintiff is not disturbed by the appeal. To
make the order now prayed for would either not touch or effect
the lien of the judgment entered upon the award, and would then
be absurd, or else it would set aside and nullify a judgment
entered according to law, and with the consent of the defendant,
and would then be unjust.
The rule is discharged.
L. B. Landmesser and Geo. R. Bedford, Esqs., for plaintiff.
Hon. G. M. Harding and John McGahren, Esq., for defendant
Digitized by VjjOOQIC
SHERIFF'S SALES. (westerly along said Grove street 36 feet 9 inches to a
Abstract uf property to be sold by Wm.O'MalIev.|comer. thence northwesterly at right angles to said
Sheriff of LAizeme county, on Saturday, August 4tn, {Grove street 120 feet to a comer, thence northeasteriy
A. D. 1883. at 10 o'clock A. M., at the Arbitration on a line parallel with said Grove street 36 feet 9 inches
room, in the Court House, Wilkes-Barre, who will .to a comer, thence southeasterly on a line parallel
proceed with the different properties in the order in ' with Moyallen street 120 feet to the place of beginning;
which they are numbered, to wit : improvements, one two-story frame dwelling house,
, I outhouses, and fruit trees.
6
S."" f T™***" °f ^»ff*« °X.^\^-. ^'^?f''' "T; Suit of Mary Elliott v. George Blackburn,
assigned to Thomas Farrell, V. Elizabeth Holdsworth, McLean Ait'y
Ejcecutrix of John Holds worth deceased. I 1. The surface of all that piece of land in the W-
227 October term, 1883. Debt, $259 00. Fi. fa 50 ough of Plymouth, beginning at a comer on Church
October terra, 1883 Farnham Att y. ijtrcet, thence by land sold to William O'Hara 148 feet
^X*"* surface of all that piece of and m the city of lo a corner, thence along a creek 40 feet to a comer,
Wilkes-Barre being parts of lots Nos 198 and 199 of ,ihcnce along a lot sold to A. Clewell 148 feet to a cor-
the survey of the estate of the late Luther Kidder, ner, thence along Church street 40 feet to the place of
deceased, beginning at point 170 feet from the easterly beginning, containing 5.600 square feel of surtace; im-
hnc of an alley at an intersection with Bowman street, provements, a double frame house, outbuildings, fruit
thence northeasterly along the line of said street 50 feet {f^^s ^^q
to a comer, thence at right angles to said Bowman 2. All the surface of that lot of land in the borough
street to the line of the right of way of the Lehigh and of Plymouth, beginning at a corner on the northwest-
Susquehanna Railroad, thence southwardly alona said erly side of Mam street 81 feet in a southwesterly
line of nehi of way to land of Peter Straub, thence direction from land of Albert Gabriel, thence along
along said Straub s line to line of Bowman street, the Main street 100 feet to a comer, thence 124 feet to a
place of beginning, being 50 feet front on Bowman comer, thence 124 feet to Main street, the place of be-
strcet, and extending back to said line of right of way, ginning, containing 12,400 square feet of land : im-
with a two-story brick dwelling house, with a stone provements, one two-story frame dwelling house, oui-
ba&ement. and a two-story frame dwelling house, with tyii^jng,^ j^nj fruit trees,
a stone basement, and frame summer Kitchtn, nnd ' ' -
other outbuildings thereon. Snk of W. P. Kirkendall, Assignee, v. George Fritr.
a 77 yctHtmber term, 1880. Debt, ^876. 25 Fi. fa.
Suit of Robt. Seamans & Co. v. Wyrewood Thomas , 7 tJcioK r rsrm, 1883 . ^ . ^ SX!"''^^ "^"'^^
65 February term. 1883. Debt, ^739 40. FJ. fs. n' ^'^ '^'"' °' °*^ ''*".'* '," ^^"^ ^V °^ Wilkes-Barre. be-
June term, i&s. Miller, Aify. *:''^Tiin^ i corner in line of Lincoln street, between
X. All that lot ofland in Parsons borough, begiiuiingf' and 7 thence by I me of Lincoln street 45
at a corner of lot No. 26, thence 100 feet to a ccm^r on t "«•"' ''»«"« by a tier of lots running from
alley, thence 50 feet along said alley to acorncr. ihcntt: ^ ;»" ^^^?^^ "7 feet to a corner at the back
100 feet to acomer on Oliver street, thence y, f^t t! fo. s, thence 45 »eel to a comer between lots
along Oliver street to place ol beginning, coQiaiuinii ^ 7, ihcnce 117 feet to the place of beginning,
5.000 square feel of ground, more or less ; excepting ^ " ' 5.265 feet, more or less ; all improved, witTi
and reserving out of the same all the coal and oih^r ^ i«--L-/y wooden dwelling house, shop, outhouses,
mincraU in and under said lot. there is a t*o-story lann, and tniit ttrees thereon,
double frame house erected on said lot, about ju by 31 ^ 8
feel. I SuU of Abijah Davenport et al. v. Emily Keizer.
2. All that piece of land in the Fourteenth ward^ Slurges. Att'v.
city of Wilkes- liarre, bounded on the southerly side, 1 ht surface of that lot of land in the borough of
by lands of John K. Hunter and Patrick Martin, on Ashley, beginning at a point on the southeast side of
the westerly side by land of Harding. Mayer, and Hartford street about 50 feet from the center of art
Mclean, on the northerly side by land of the estate, alley on line of lands sold to Arnold Bertels. thence
of William Smith, and on the easterly side by Spruce southwesterly parallel with said alley 94 feet to a cor-
strcet, being 50 feet in front <»n Spmce street by 200 ner, thence southeasterly parallel with said Hartford
feet in depth, with a two-story frame house, with back, street about 70 feet to a comer, thence northeasterly
kitchen attached, outhouses, and fruit trees thereon, 'at risht angles to last mentioned corner about 94 feet
I to Hartford street aforesaid, thence northwesterly
_ . -„ ,, r» . . . ^.. %. ^ 1. 'along Hartford street about 70 feel to the place of be*
Suit of Geo. H. Parnsh and Chas. M. Conyngham ginning; improved, with one i^-story frame dwelling
V. John S. Jones. ^ . ^ ^ ,, . house, outbuildings, fruit trees, and well of water
326 May lerm, 1883. Debt #205.16. Vend. ex. 33 thereon. 28-30
June term. 1883. McLean, Gibbons, Att'ys. |_
All that lot of land in Wilkes-Barre township, being
lot No 12, in block D. on plot in hands of George H. I ESTATE OF WILLIAM BRACE, LATE OF
Pamsh et al , said lot beinK 50 feet in front on Spruce 1 J^, Franklin township, deceased,
street, and 200 feet in depth ; coal and other minerals letters testamenury upon the above named estate
reserved. having been granted to the undersigned, all persons
4 having claims against the same will present them for
Suit of Geo. H. Parrish and Chas. M. Conyngham payment, and those indebted thereto will please make
V. John S. Jones. | immediate payment to
227 May terra, 1883. Debt, I205.36. Vend. ex. 34 FISHkR GAY,
June term, 1883. McLean, Gibbons. Att'ys. i MYRTLE W. BRACE,
All that lot of land in Wilkes-Barre township, beine DICKSON & ATHERTON. Executors,
lot No. II, in block D, on plot in hands of George H.| Attorneys. 23-28
Parrish et al., said lot being 50 feet in front on Spruce!
street, and 200 feet in depth ; improved, with 2-storyl „-,.-,r. ^w^ <^ . . * «r . ».^^..»» . .-,-, ^^
frame dwelling house. 20 fcet long by 12 feet wide, and P STATE OF SALLY ABBOTT, LATE OF
other outbuildings thereon ; coal and minerals reserved, i -^ Kingston township, dec<»sed.
I Letters testamentary upon the above named estate
5 ! having been granted to tne undersigned, all persons
Suit of William Connell, Asstenee, v. Jackson Lunn. having claims against the same will present them for
200 November term, 1880. Debt, <53i.o9. Fi. fa., payment, and those indebted thereto will please make
46 October term, 1883. McLean, Att'y. 1 immediate payment to
All that piece of land in the city of Wilkes-Barre, CHARLES A. MINF"
beginning at a point on the west side of Grove street, L. D. SHOEMAKER, £:
i48feet 3 inches from Moyallen street, thence south- 1 Attorney.
I 55
Digitized by VjOOQ IC
ESTATE OP MORRIS HUGHES, LATE OP
of West Pituton, deceased.
Letters testamentary upon the above named estate
iiaving been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ELIZABETH HUGHES,
WILLIAM J. HUGHES,
99-34 Executors.
ESTATE OF JOHN T. WILLIAMS, Sr., LATE
of Wilkcs-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOHN T. WILLIAMS,
BENNETT & NICHOLS,
Attorneys.
Executor.
2Q-34
ESTATE OF PATRICK BURKE. LATE OF
Jenkins township, deceased.
Letters testamentary upon the above named estate
having been granted to uie undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
TAMES O'DONNELL,
MICHAEL T. HOBAN,
J. T. LENAHAN, Executors.
Attorney. 29-34
ESTATE OF CELIA A. DAILY, LATE OF
Clinton counter. State of Indiana, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-j
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILLIAM E. KYTTLE,
M. CANNON, Administrator.
Attorney. »9-34
ESTATE OF DAVID KLINGER, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
N. D. SMITH,
26-31 Administrator.
ESTATE OF GEORGE H. HOCH, LATE OF
Dorranoe township, deceased.
Letters of administration Upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY HOCH,
T. R. MARTIN, Administratrix.
Attorney. 26-31
ESTATE OF JESSE W. BAIRD, LATE OF
Kingston, deceased.
Letters of administration upon the above namisd
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
HART PHILLIPS,
GEO. K. POWELL. Administrator.
Attorney. 33-38
ESTATE OF ADAM STUPPI, LATE OF THE
city of Wilkes- barre, deceased.
Letters tesuraentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ELIZABETH STUPPI,
JACOB BECKER, 20,
29-34 Executors.
ESTATE OF R. C. SUTLIFF, LATE OF THE
township of Huntington, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
A. R. PENNINGTON,
I. P. HAND, Administrator.
Attorney. 99-34
ESTATE OF THOMAS McKIERNAN. LATE
of Hazle township, deceased
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
MARY McKIERNAN,
Administratrix.
22-27
LATE
ESTATE OF ROBERT THOMPSON,
of Pitwton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tht^n
for payment, and those indebted thereto will please
make immediate payment to
MUNGO THOMPSON.
JANET 'JHOMPSON,
GEO. S. FERRIS, Administrators.
Attorney. Ba-37
ESTATE OF WARREN BENSCOTER, LATE
of Union township, deceased.
Letters testamentary upon the above named estate
ba>nng been granted to the undersigned, all perscms
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
G. L. BENSCOTER,
CLARINDA BENSCOTER,
22-27 Executors.
ESTATE OF CHRISTIAN RUTH, LATE OF
Butler township, deceased.
Letters of administratk>n upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ARIO RUTH.
SAMUEL BENNER,
39-34 Administrators.
56
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 156, May term, 1883. Libel in divorce a vincuJo
matrimonii. J. C. Coon v. Emma E. Coon. The
j alias subpoena in the above case having been rettimed
non est inventus, you, the said Emma E. Coon, are
, hereby notified, to appear at said court, on Monday,
I the ist day of October, 1883, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
JAMES MAHON, Sheriff.
Solicitor. 06-39
I
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of Philip Goss, deceased.
IN RE SATISFACTION OF MORTGAGE.
Henry M.Hoyt to John Grandin, Mortgage Book I Vy Elstate of Philip Goss, deceased. By virtue
33, page asa. No. ao, October term, 1883. In the of an order of the Orphans' Court of Luzerne county,
Court of Common Pleas of Luzerne county. To John 'there will be exposed to public sale, on the premises,
Grandin, his legal representative or representatives — in Huntington township, on Saturday^, August 35,1883,
Take notice that the petition of Herz Lowenstein has at 10 o'clock A. M., all that piece ot land in Hunting-
been filed in the Court of Common Pleas of Luzerne ton township, bounded on the north by land of John
county, in which petition the said Lowenstein makes ^ Metcaif, on the east by lands of Albert Wilkinson, on
application to the court to have satisfied of record the the south and west by lands of Delilah Wilkinson,
mortgage recorded in the Recorder's office of Luzerne containing la acres of land ; all improved, with a frame
county, in Mortgage Book 33, pase 25a, Henry M.jhouseand frame bam thereon.
Hoyt being the mortgagor and John Grandin the) Terms op Salb — 10 per cent of the purchase money
mortgagee. You are therefore required to appear and on striking down of the property ; the one-fourth, less
and answer the said petition on the first dav of next: the 10 per cent, at confirmation absolute; one-fourth
term, to wit, on Monoay, the ist day of October, 1883, in six months from confirmation nisi, and the balance
at 10 o'clock A. M., at which time the court will ap-jn one year afler confirmation nisi, with interest on
point a Commissioner to take testiroomr in the matter, each payment from that date ; the installments to be
WILLIAM O'MALLEY, 'secured by bond and mortpj^ on the premises.
37-30 Sheriff.
ORPHANS' COURT SALE.
Esute of W. W. Ketcham, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the Arbitration!
room, in the Court House, at Wilkes-Barre, on Satur-'
day, August a, 1883, at 11 o'clock A. M., the following,
described real estate : |
I. All those lots of ground in the township of Wilkes-
Barre, being lots Nos. 48, 50, 6a, 64. 78, 79, 100, ioi,l
106, 107, 114, 115, 120, lai, 126, 127, 13a, IJ3, 138, 119,
14a, 151, 152, 153, 154, 163, 164, 165. 166, 172, 174, 185.
187, 347, 25a. 251, 258, 259, 264, and 265, in a plan of]
lots laid out by Brown et al.
G. MILLER,
Attorney.
ngage c
WILLIAM kOONS.
Administrator.
29-31
McLEAN & JACKSON,
Attornbys at Law,
Wilkbs-Bariib, Pa.
2. Also lots Nos. 39, 171, 173, 182, 184, 194, 227, 229,
339, 340, 241, and 24a in said
orWdkes-Barre.
uo, 241, and 24a in said plan, situate in the city
3. Also an undivided interest in lots Nos. 70 and 11 1
in said plan, situate in said township.
4. Also an undivided interest in lots Nos. 49, 51, 53,,
and 55 in said plan, situate in said city. <
5. Also an undivided interest in a lot of ground in
said city, bounded on the easterly side by land of
William McLaughlin, on the northerly side by the
Wilkes-Barre Coal Company railroad and a creek, and
on the southerly side by Miller street, being a triangu-
larpiece of land, the quantity unknown.
Tbrms of Salb — Cash down on day of sale.
JOHN M. KENNEDY,
J, G. MILLER, Administrator.
Attorney. 37-29
CHA8. D. FOSTER,
Attorney at Law,
Wilkbs-Barhb, Pa.
W. S. PARSONS,
Alderman,
MaRKBT StRBBT, WtLKB5*BARRB, Pa.
CALVIN WADHAMS,
Attorney at Law and Notary Public,
Wilkbs-Barre. Pa.
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, July 27, 1883. No. 30.
Court of Comniou JpUas of Cujernc €ountp.
ZeIGLER V, EVERHART.
WatchinR timber at a salary of fifty dollars per annum is not the kind of ' manual labor," nor the
salary such " wages of labor," as are contemplated by the act of Assembly requiring an affidavit
and bail absolute for appeals.
Rule to Strike off appeal.
The opinion of the court was delivered May 15, 1882, by
Woodward, J. — It has not been made clear to us that the
claim of the plaintiff in this case was for what is known as the
"wages of labor." The first section of the act of April 9, 1872,
j (Purd. 1464.//. i) describes the class of persons whose earnings
are to be protected. These are miners, mechanics, laborers,
clerks, etc. The act of April 20, 1876, in its first section, pro-
vides the method of appeal from the judgments of justices of the
peace for the wages of " manual labor." The transcript in this
case shows that the claim was for work and labor done, and the
depositions explain that the service consisted in watching timber
for six years at fifty dollars per year. We do not think that
such a claim comes within the spirit and meaning of the act of
Assembly requiring an affidavit and bail absolute.
The rule to strike off the appeal is discharged.
E. Robinson, Esq., for plaintiff.
Hon. Steuben Jenkins, for defendant.
*<
Digitized by VjjOOQIC
196 Commonwealth v. Trout.
€ottrt of iQuartcv Sessions of £ebauou €oautg.
Commonwealth v. Trout.
A resident of the Commonwealth in confinement for costs alone, under sentence of a criminal court,
is entitled to be set at liberty forthwith upon making application for the benefit of the insolvent
law, and presenting a bond in accordance therewith.
Motion for leave to issue capias.
The opinion of the court was delivered February, 1883. by
McPherson, J. — At January sessions, 1883, John Trout was
acquitted of the charge of selling liquor without a license, but
directed by the jury to pay one-half the costs. On January 9th
he was sentenced, and on January 15th, having made applicaton
for the benefit of the insolvent laws, and presented a bond as
thereby required, he was discharged from custody. The district
attorney now asks for a capias, alleging that the order for his
discharge was illegal, and that he must be considered as an
escaped prisoner. The argument is, that a sentence for costs
requires either payment, imprisonment for thirty days under sec-
tion 48 of the insolvent law of 1836, after which the prisoner is
discharged without further proceedings of any kind, or imprison-
ment for three months if a discharge is sought as an insolvent.
Confinement for three months is made necessary, it is said, by
section 3 of the act of 1836, which provides that "no debtor shall
be entitled to relief under this act, unless he shall have resided
within this Commonwealth for six months* immediately preceding
his application to the court, or shall have been confined in jail
for three months immediately preceding such application.'* A
careful examination of the various statutes and decisions on this
subject has led us to a different conclusion, the reason for which
we will state as briefly as possible.
At common law, as is well known, no provision was made for
costs in any form of proceeding, civil or criminal. In Irwin v.
Commissioners (i S. & R. 508) Judge Yeates declares that before
the passage of the act of December 8, 1804, empowering grand
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Commonwealth 7\ Trout. 197
and petit jurors to dispose of the costs in certain cases, "the
defendant, whether convicted or acquitted of the offence charged,
was obliged to pay the costs, and left to his remedy against the
prosecutor by action of malicious prosecution. If he was con-
victed, the payment of costs formed part of the sentence; if
acquitted, he was discharged on payment of fees." There had
been earlier legislation, viz., the acts of September 23,1791, and
of March 20, 1797 (Read's Dig. 287,//. 25, and 293,//. 51). but
the act of 1804 (4 Sm. Laws, 204) first gave juries power over the
subject. See also Commonwealth v, Tilghman, 4 S. & R. 127;
Strein v. Zeigler, i W. & S. 260; Commonwealth v. Johnson, 5
S. & R. 199; McKinney's Am. Mag. 316, 319, el seg. The crim-
inal procedure act of i860 rcenacted the former statutes, and the
act of 1804, with its supplements, is substantially the law to-day.
Where the defendant was confined for costs, under either the
common law or this legislation, he could originally only be
released upon payment. The insolvent law of April 4, 1798,
(Read's Dig. 176) did not touch the subject at all, and it was not
until 1 8 14, by section 17 of the act of March 26, that persons
"in confinement . . for the payment of the costs of prosecu-
tion" became entitled to relief under the acts relating to insolvent
debtors. A similar provision appears in section 47 of the act of
June 16, 1836 (P. L. 729). At what time, then, is an insolvent
debtor entitled to his discharge from confinement? The act of
1798 provided, in section I, that "any debtor having been an
inhabitant of this State for two years next before his application '*
might apply to the court in term time; and in section 2, that he
should be discharged from imprisonment only after assigning all
his property. This compelled him to remain in jail while notice
of his application was being given or published, and until after
find hearing. If, however, he was arrested in vacation, he might,
by section 14, be discharged "forthwith" upon application to a
judge, and giving bond to the plaintiflTto appear at the next term
and comply with the requirements of the statute. This act ex-
pired in 1 80 1. The first section of the act of March 26, 1 8 14,
made six months residence in the State sufficient, and the second
section provided for the debtor's discharge from confinement
only after final hearing. No provision was made for arrests in
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198 Commonwealth v. Trout.
vacation, and neither statute extended to non-residents. To
remedy this latter defect, the act of March 13, 181 5 (P. L. 156).
was passed, allowing **all and every person or persons'* to apply,
but provided that those who had not been residents of the State
for six months must first suffer confinement for three months.
Liberty, pending the proceedings, was given in 1820 to certain
debtors, but persons confined for costs could not be released until
final hearing. Henry v. Commonwealth, 3 Watts, 384, The
revised act of 1836, in section 3, provides that the debtor must
have "resided within the Commonwealth for six months imme-
diately preceding his application to the court, or shall have been
confined in jail for three months immediately preceding such
application," plainly intending to consolidate the provisions of
the acts of 1814 and 1815. The language of section i, also
referring to "insolvent debtors residing or being within this
Commonwealth," shows that the act was meant for residents and
non-residents alike. As to non-residents, confinement for three
months is necessary before an application can be made; but in
the case of residents it seems clear, from sections 4, 5, and 6, that
the debtor is entitled to discharge "forthwith" upon giving bond
to appear at the next term and present his petition for the benefit
of the law. It is not even necessary to apply to the court or a
judge; the prothonotary, under the act of March 30, 1833 (P. L.
107), may approve the security and make the order to discharge.
This is the case of a debtor, and section 47 seems to us quite as
.explicit with regard to "any person confined for non-payment of
. . . the costs of prosecution." The language is that the
*^ Court of Common Pleas . . shall have power to discharge
such person from such confinement on his making application
and conforming to the provisions hereinbefore directed in the
case of insolvent debtors." This is very different from section 16
of the act of 1 8 14, which only gave to such persons the "benefit
of this act," under which, as we have seen, even a debtor could
not be released until after final hearing, and shows plainly, as we
think, that the intention of the Legislature was to remedy the ine-
quality pointed out in Henry v, Comlth. (supra), decided in 1834,
and put persons imprisoned only for costs on precisely the same
footing as debtors. But, however this may be, section 6 of the
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Commonwealth v. Trout. 199
act of January 24, 1849 (P- L. 677). seems to remove all doubt
by providing that "any applicant for the benefit of the insolvent
laws, who is, or may hereafter be, in confinement under sentence
of any criminal court, and who shall be entitled to be released
from such confinement on com|)liance with the provisions of ex-
isting acts of Assembly, shall be released on giving bond as in
civil cases."
The Commonwealth's whole case rests, therefore, on the con-
struction of section 3, for which it contends; and this construc-
tion, besides being at variance with the apparent meaning of the
words used, and with the history of former legislation on the
subject, further loses probability when section 48 is considered.
Under that section, which is taken from section 18 of the act of
18 14. as construed in Commonwealth v. Long (5 Binn. 489), im-
prisonment for thirty days entitles a person in confinement for
costs to his discharge without proceedings of any kind. Is it
conceivable, with such a provision in the law, that the Legislature
meant, in ^^6, also to say that such prisoners might apply for
discharge under the formalities of the insolvent law if they would
stay in jail two months after they were entitled to be free, and
particularly when the consequences of discharge are the same in
either case, viz., freedom from imprisonment for the same cause,
but not freedom from the debt or charge ?
We think the provisions of the law, so far as fines and costs
are concerned, may be summarized as follows:
1. A person sentenced to pay a fine not exceeding $15, or to
pay such a fine and costs, or to pay costs alone, is entitled to
release after a confinement of thirty days.
2. A person sentenced to pay a fine more than ^15 with or
without costs, can only be released under the insolvent law, and
cannot make application until he has been in confinement for
three months.
3. One who has been a resident of the State for six months
immediately preceding his application, and who has been sen-
tenced to pay costs alone, may be discharged forthwith upon
making application under the law.
Trout comes within this latter class, and was, therefore, prop-
erly discharged.
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200 Commonwealth ^^ Gotofski.
The case of Ex parte Woods (i Pitts. 17), in which a different
conclusion is reached, does not bind us, and the reasoning is not
convincing. The case of Ex parte Feehan (Brightly, 462) is not
in point, for the prisoner there had been convicted and sentenced
to pay a fine, and he was clearly within the proviso to section 47,
which declares that "where such person shall have been sentenced
to the payment of a fine, . . he shall not be entitled to make
such application until he shall have been in actual confinement,
in pursuance of such sentence, for a period. not less than three
months." These two cases are briefly mentioned in Schuylkill
County V, Reifsnyder (10 Wr. 450), but the question here con-
sidered was not before the court, and we have not been able to
find any authority on the subject.
We have gone further than the precise question involved, be-
cause there seems to be a diversity of practice under the act, and
we hope the county of Lebanon, which has a considerable inter^
est in the matter, will take measures to bring it in some way
before the Supreme Court, and have it definitely settled.
The capias is refused.
(JDjier anb (Jenniner of Cujenu (Sountg.
Commonwealth v. Gotofskl
Murder under the Pennsylvania sutute, and the degrees thereof, considered and illustrated.
Indictment, murder.
The opinion of the court was delivered March 4, 1880, by
Woodward, J. — The prisoner was charged with the homicide,
on the 20th day of December, 1879, of John Blumm, in the
borough of Nanticoke. On the — day of January, 1880, upon
being arraigned for trial, he entered a plea of guilty to the indict-
ment. The indictment contains two counts, the first for murder
and the second for manslaughter, and the plea is to the whole
offence.
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Commonwealth v, Gotofski. 201
The prisoner, therefore, stands before us, in the language of
the statute, *' convicted by confession." The solemn and respon-
sible duty is imposed upon the court to "determine the degree'
of the crime, and to give sentence accordingly." On the i6th
day of January, 1880, the testimony of witnesses was taken on
behalf both of the Commonwealth and the defendant, and from
this testimony alone we are to decide whether the crime be that
of murder in the first or second degree, accoiding to the Pennsyl-
vania statute.
The facts of the case may be briefly stated. On the evening
of the 20th of December, 1879, ^ crowd of men, numbering from
thirty to forty, had gathered in Wernet's saloon, in the borough
of Nanticoke. Between seven and eight o'clock, the deceased
was standing near the end of the bar, engaged in drinking beer
with some of his friends. The defendant was also in the room,
and more or less under the influence of liquor. While pushing
about in the crowd in a rude and disorderly manner, he forced a
portion of it against the deceased, who grew angry, calling upon
him to keep off". The defendant, a second time, pushed some-
body against him. The deceased thereupon stepped out into the
room, and struck the defendant a blow on the mouth with suffi-
cient violence to draw blood. The parties were prevented from
further violence, for which they seemed ready, by the interference
of the by-standers. The prisoner called upon the parties present
to bear witness that he had been struck, and then left the room,
declaring his intention to sue or prosecute the deceased. After
an absence of from ten to twenty minutes, he returned to the bar
room, went up to the deceased, and asked why he struck him.
Some reply was made, and immediately the prisoner struck the
deceased on the right temple with a small screw-driver, forcing
the end of it so far into the head as to inflict a wound of an inch
in depth, in which the iron part of the instrument remained,
detached from the handle, which fell to the floor. It is shown
by the medical testimony, and not denied by the defendant, that
the wound thus inflicted resulted in heart clot, and death, some
six days later.
The act of March 31, i860, conforming to that of 1794, divided
the offence of murder into two degrees. "All murder which
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202 Commonwealth v. Gotofski.
shall be perpetrated by means of poison, or by lying in wait, or
by any other kind of wilful, deliberate, and premeditated killing,
or which shall be committed in the perpetration of, or attempt to
perpetrate, any arson, rape, robbery, or burglary, shall be deemed
murder of the first degree, and all other kinds of murder shall be
deemed murder of the second degree."
We may, at the outset, eliminate from the present case several
questions which often arise in the trial of indictments for murder.
This will serve to simplify our inquiry by confining its limits.
In the first place, the fact of the homicide is not denied ; secondly,
it seems clear to us that the killing was both felonious and mali-
cious, in that the mortal blow was given with an intent to do, at
least, great bodily harm ; thirdly, it was not committed by poison,
or by lying in wait, or in the perpetration, or attempt to perpe-
trate, any one of the felonies of arson, rape, robbery, or burglary.
Was the killing, then, wilful, deliberate, and premeditated? Or,
in other words, the vital question is, did the prisoner give the
mortal blow with an intent to take life? If, beyond a reasonable
doubt, this intent is apparent from the evidence, then the crime
is murder of the first degree. If, on the contrary, it is not clearly
apparent that the intent to take life existed, or if, after the closest
analysis of the evidence, the mind of a reasonable man remains
in doubt, there should be no conviction of a higher offence than
murder in the second degree.
Having thus endeavored to simplify the case in hand by con-
centrating our attention upon the exact issue involved, we are
next to bear in mind that the presumptions of the law are with
the prisoner, and not against him. A man charged with the
crime of murder is presumed to be innocent of that crime. When
this presumption is overcome, and it is made clear from the evi-
dence that murder has been committed by the prisoner, the pre-
sumption remains that the crime is murder of the second degree,
and not of the first. The effect of these presumptions is to
require, at the hands of the Commonwealth, not only satisfactory
proof of a felonious and malicious homicide by the defendant, but
also of a wilful, deliberate, and premeditated intent on his part
to take human life. This intent may, however, be established in
more ways than one. Men bent upon crime seldom declare their
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Commonwealth v. Gotofski. 203
purpose. Their actions, and the circumstances under which they
act. often speak for them. The Commonwealth, therefore, may
invoke the aid of acts and circumstances, as well as of distinct
declarations. The former relations of the parties; the existence
of latent anger; the character of the weapon; the location of the
wound; the conduct of the accused party before and after the
homicide — these, and many other such things as these, may
furnish the methods of overcoming the presumptions which the
law raises in favor of innocence, or in mitigation of guilt.
In the present case, after a careful and conscientious review of
all the evidence, the question of the degree of the murder seems
to us to turn entirely on the intent with which the blow was
given. That it was a brutal and cowardly blow cannot be
doubted. But was it inflicted with a defined and specific intent
to take life? Did the prisoner, after receiving a blow on the
mouth from the deceased, leave the saloon with the deliberate
purpose to procure a weapon likely to take life, and, after obtain-
ing it, return to the saloon, renew the quarrel, and inflict the
wound, with the wilful and premeditated design to kill the man
who had insulted and injured him? The weapon was a screw-
driver, small in size, and said to be of a kind and pattern adapted
to the purpose of adjusting the apparatus of sewing machines.
Where or when the prisoner possessed himself of it is not shown.
That he procured it after the quarrel at the saloon, and during
the interval between the first and second meeting with the
deceased, rests in theory merely, and not in proof There had
been no difficulty, not so far as is shown, any acquaintance or
intimacy between the parties at any time. The only threat made
by the defendant was, to the effect, that he would prosecute the
deceased, and there is some evidence that he went from the
saloon to the office of a magistrate for that purpose. The loca-
tion of the wound inflicted upon the side of the head seems to
point rather to accident, than to a well defined intent to take life
by reaching a vital part. The character of the prisoner up to
the time of the homicide is shown, by a number of witnesses, to
have been that of an orderly, quiet, and inoffensive workingman-
The Commonwealth has been faithfully and ably represented
by her counsel, and has undoubtedly presented the case as
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204 Calvin Wadhams.
strongly against the prisoner as was possible. We have carefully
considered the testimony, and the views of the law presented by
the learned counsel for the prisoner and for the Commonwealth.
While we are clearly of the opinion that the crime is that of a
felonious and malicious homicide, and therefore murder, we deem
it our duty to hold that it is murder of the second degree only.
We, therefore, determe the degree of the crime of which the
prisoner is convicted by confession to be that of murder of the
second degree.
A. Darte, Jr., and Geo. B. Kulp. Esqs.. for Commonwealth.
Hon. Garrick M. Harding, for defendant.
CALVIN WADHAMS.*
Calvin Wadhams, a member of the bar of Luzerne county,
died at his summer residence, Harvey's Lake, July 20, 1883. He
had been feeling particularly well, and left his cottage about 8
A. M., in company with his wife and son, with the intention of
driving to the Hollenback Cemetery, in this city, and placing
flowers on the graves of his dead children, it being their custom
to make such visit on each recurring birthday anniversary. Fri-
day was the twenty-first birthday of his eldest child, Mary Catlin,
the corner-stone of Memorial Church having been laid on the
tenth anniversary, July 20, 1872, and it was on this day that he
was suddenly called to yeild up his life. After the carriage had
proceeded two miles, Mr. Wadhams said he felt ill, and as he had
omitted his usual morning walk, ascribed his indisposition to this
cause. He desired to get out at the Ross farm house and exer-
cise a few minutes, and made the attempt to do so, but found he
could not walk. A return was mads to the cottage and physi-
cians summoned by wire. Mr. Wadhams was conveyed to his
bed, and it was found that his left side was completely paralyzed.
The right side, the seat of the original attack, was unimpaired.
* For biography, see 12 Luz. Leg. Reg. 63.
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Calvin Wadhams. 20J
For an hour the sick man was able to converse, and fully realized
what had occurred, but he soon lost the power of speech, and
remained in a semi-conscious condition until his death, which
occurred at 9.30 in the evening.
Memorial Church was suitably draped in black last Sabbath,
and at the morning service Rev. W. H. Swift preached a sermon
suitable to the occasion, his text being, "Therefore let us not
sleep as do others." I. Thess. v., 6. In the course of his remarks
the pastor spoke as follows :
It becomes my duty this morning to announce the death of
one whose name was first on our roll of membership — Calvin
Wadhams This church wears the symbol of death to-day out
of regard for, and appreciation of, the crowning act of his life —
the erection of this house of worship as a memorial to the three
children whom God, in infinite wisdom, took from him. Long
after his excellencies and faults shall have been forgotten, the
name will be perpetuated here. When his peculiarities shall be
no more remembered, the large-hearted, generous, Christian im-
pulse that blossomed into this temple of God will be recognized,
and will be cherished so long as stone and bronze endure. This
church is his monument. There is something almost poetic, to
my mind, in his being taken away when he was. Some of us,
who have been connected with this church from the beginning,
will recall our impatience with him because of the seeming need-
less delay in completing the building. He had his reasons for
delay, and these reasons became apparent. The church was
dedicated to the worship of God upon the birthday of one of his
children; the pastor was ordained and installed upon the birthday
of another, and the corner-stone laid upon the birthday of his
oldest child. Last Friday was the anniversary of her birth, and
on that day he died. He was on his way to the cemetery to lay
upon the graves of his children his tribute of affection, when God
called h^im home. He was a lonely man, as you all know. He
never outgrew his sense of loss sustained in the death of his
children, and, I doubt not. the warm welcome those sainted chil-
dren gave him last Friday night made his heart bound with the
throbs of immortal youth. May he rest in peace!
BAR MEETING.
The members of the Luzerne county bar convened on Monday,
July 23, 1883, to take action regarding the death of the late
Calvin Wadhams, Esq. The meeting organized by appointing
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2o6 Calvin Wadhams.
Hon. Charles E. Rice, Chairman, and Geo. B. Kulp, Secretar)'.
Judge Rice, on taking the chair, spoke as follows:
The bar has met to express their appreciation of the life and
character of their departed brother, Calvin Wadhams. This was
no idle or formal ceremony. In honoring and preserving his
memory they did honor to the profession to which they belonged.
He was a man of marked individuality, but that which in after
years would give his individuality a glorious distinction was the
fact that in all his purposes he was unselfish. This was shown
not only in the crowning act of his life, but in numberless acts of
kindness known only to the individual recipient. If on the
morrow, when his lifeless body should be laid in the grave, each
one to whom he, in his prosperity, gave help should bring but a
single blossom, it would be covered with a multitude of flowers.
So long as gratitude should remain a living virtue, the memory
of Calvin Wadhams would rest secure.
S. J. Strauss, Esq., said :
As a citizen of Wilkes-Barre since my birth, as a member of
the bar, as one who for the last few months have been a neighbor
of Mr. Wadhams, I feel it a duty to speak a few words of eulogy
on this occasion, and indeed it is a pleasure to feel that eulogy is
well merited. It is only within the past six or eight years that I
have had an opportunity to learn his character, and I am free to
say that for a long time, in common with many others who knew
him, I misunderstood the man. Judging him by what he did
within the view of men during these years, judging him by the
many facts of his history familiar to all- of us, the conviction
forces itself deeply upon me that his motives were good, his
strivings were noble, his life was earnest, his heart was sincere.
He may have been mistaken in his judgment, but his aspirations
were right. In fact, perhaps this particular weakness, that he
sometimes overestimated his own business capacity, was the one
failing in his character. I know of no other. Born and bred in
affluence; having for many years, in fact until after he had passed
the prime of life, had all that heart could wish ; his every want
satisfied by simply stretching forth his hand, he was destined to
see his fortune swept away and his brighest hopes blotted out.
But he did not go down before the whirlwind. From that period
we see him a toilsome, indefatigable worker. He labored then
with the zeal of an earnest law student. What a lawyer who has
been in practice only a few years has already come to regard as
drudgery (for the searching of records and attending those details
which must be done about this court house are drudgery), he did
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Calvin Wadhams. 207
hour after hour and day after day. He worked, too, under adverse
circumstances and physical defects. And yet, with it all, he was
constant and cheerful — the possessor of a disposition that could
accommodate itself to misfortunes and trials without useless
complaint or worry. He spent no time in relating his troubles,
or wearying one with regrets, but seemed always to be happy in
the present. This one trait in his character is well worthy of our
emulation. It is not difficult to stand upright and labor hard
when we have never known another condition. It is not difficult
to stand upright and do our duty when all our plans meet with
success, and results encourage us to continue our work. But it
is difficult to stand upright and be men when, accustomed to
ease, if not to luxury, after the prime of life, all our experiences
are reversed, and we need to resume the anxious toil that we have
long given over. And Calvin Wadhams did this difficult thing.
Hon. Harry Hakes said:
Death is sometimes (with doubtful propriety) called a thief, for
first or last he calls for all, though he takes us one by one. And
now again he seizes from us a brother; nor does it signify whether
it is the wisest, the oldest, the greatest, or the youngest, and him
of modest pretensions; it has to those who are for the time
spared the same portentious significance, the same unwelcome
solemnity. We have a custom on these occasions to review, and,
in a general* way, speak of, the professional character of a departed
brother. This is about all we may properly do. The high pre-
rogative to give judgment on the total character of our departed
fellow-men is not delegated to us. In any given case the prob-
lem is too complicated for the human mind or understanding;
the motives, the secret springs of action, are too mysterious for
us to comprehend or justly estimate. God alone, the supreme
author, the everlasting judge, can pronounce that judgment which
is absolutely just and irrevocable. Yet, in a brotherly manner,
in modesty and charity, we may compare ourselves, one with
another, to the profit of the living, and without injustice to the
dead. I was so little acquainted with Mr. Wadhams that I quite
hesitate to attempt to mete to his memory its proper merit. In
his profession, he was an industrious laborer, not despising its
drudgery, honest and conscientious in his relations to his clients,
his brethren of the bar, and the court. One visible, tangible,
crowning act of his life was the erection, at his own cost, of
Memorial Church. Prompted as it was by the tenderest feeling
that can possess the heart, by the keenest affliction at the disposal
of an overruling Providence, he has erected a monument that
emphasizes its heavenly pointing, the way of life and light, to the
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2o8 Calvin Wadhams.
generations that now are and to those following, in the ages when
we may fear that most of us will be forgotten.
Allan H. Dickson, Esq., said:
It is with great reluctance that I arise here to-day, for the story
of Calvin Wadhams' life is too pathetic to be told in words. It
touches chords that vibrate harmoniously only in solitude. A
Quaker meeting, described by Charles Lamb as *'a coming to-
gether for the purpose of more complete abstracted solitude," if
it were possible here, would best impress the lesson of the mys-
teries of his life upon all who knew him, and could sympathize
with his misfortunes. **For a man to refrain even from good
words, and to hold his peace, it is commendable, but for a multi-
tude, it is great mastery." But, in accordance with the prevalent
custom among us, I will add my mite of testimony. I never
knew "Cal," as he was familiarly called, except as a passing
acquaintance, until within the last six months, when fate had
already done her worst upon him. Since then I think I grew to
understand the open secret of his life. The remark of Solon to
Croesus, that "no man should be called happy until his death,"
applies strongly to Calvin Wadhams. For a brief, comparatively
very brief, period he was apparently happy. He was at least
excited and enthusiastic. He had health, wealth, and children.
Within a few weeks of each the children were taken away. Soon
his fortune disappeared, and paralysis came to filf the cup of
bitterness to the full. I think he was largely misunderstood,
even by many who had an opportunity of knowing him well.
His extreme near-sightedness was a type of his failings. These
were manifest external. His virtues were internal, innate and
apparent on closer acquaintance. There is an undoubted tendency
in mankind, in spite of reason and experience, to associate moral
or mental deficiencies with a physical deformity. We look at
one man and say, "What a fine, open, generous countenance.
He could be trusted anywhere." Yet he may prove to be a most
plausible villian — selfish, deceitful, and treacherous. We look
at another, and — well, I guess it is part of our early education,
our children's story books having shown us clearly, at an im-
pressible age, that all villains are murderous looking, and all good
people are handsome, bright eyed, well formed, and with smiling
faces. And so " Cal " had the misfortune among us unreasonable
mortals to have a prima facie case always made out against him —
a judgment 'entered, as it were, for want of appearance — ^and he
was obliged, in each case, to take a rule to show cause why it
should not be set aside, and put it down for consideration after a
more intimate acquaintance with the facts had been obtained.
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Calvin Wadhams. 209
Undoubtedly he had some faults, some failings. But why should
they be mentioned? Such as they were, they were temporary,
evanescent, venial. The continuous, fixed bent and purpose of
his life was unselfish, generous, and brave. No man in the long
list of noble dead who, gone out from among us to the majority,
ever more truly pitied the poor in his suffering, or the sorrowful
in his desolation, than did Calvin Wadhams. It was a pity
which touched the pocket nerve, and brought tears from deep
springs of sympathy. Of his last years, it is almost impossible
to speak. While in his prosperity he had many critics and some
enemies, in his great adversity he was beloved of all. He was
energetic to the last. Always willing to work, he almost pas-
sionately desired to make a livelihood. He thought little of
himself. True, he kept the memory of his departed children
green through all the changing seasons of the year. He lived
to see the day when, in his poverty, his sickness, and his misfor-
tunes, he was glad the three little ones were gone, and very glad
he was soon going to meet them. I think I never knew a man
to "suffer the stings and arrows of outrageous fortune" with a
more noble patience and courage. Death had no sorrow to him
equivalent to life. And now he is at rest. He has gone to a
place where, although his failings are known, his virtues will be
rewarded. Long after his body shall have moulded into dust,
the story of his sorrows will be told, and the church upon the
hill will point with its spire beyond the stars a thing of beauty
and a joy forever to generations yet unborn.
Messrs. E. H. Chase, R. C. Shoemaker, Allan H. Dickson, N.
Taylor, and William S. McLean were appointed a committee on
resolutions. They reported as follows:
The bar of Luzerne county condole with the family and kin-
dred of Calvin Wadhams upon his sudden demise, and desire to
express their appreciation of the loss which his unexpected death
has brought to them. Calvin Wadhams was born in Plymouth,
Luzerne county, on the 14th of December, 1833. His ancestors
were among the earlier settlers of the county, and have been
continuously numbered in the list of its most active and success-
ful citizens. Young Wadhams, inheriting the studious predilec-
tions which marked the career of his great-grandfather, prepared
for college at Wyoming Seminary. He graduated from Princeton
College in the class of 1854, the one hundredth anniversary of
his great-grandsire's graduation. He entered the law oflRce of
Hon. L. D. Shoemaker, and was admitted to the bar on the 6th
of April, 1857. Early called to manage his portion of the large
Digitized by VjjOOQIC
210 Calvin Wadhams.
estate at the death of his father, he was withdrawn from active
general practice in the courts, but he retained his acquaintance
with the details of his profession, and upon return to its practice
he displayed the impulsive activity which characterized the trans-
actions of his enormous private business. Although disaster
rapidly followed misfortune in the last decade of his life, he
refused to succumb in spirit, and to the very last preserved the
brave amiability which had always been a pronounced trait of
his character. He signalized this unselfish resistance of spirit
by the magnificent Memorial Church monument to the memory
of his lost children, which, in conception, design, and execution,
will remain the perpetual reminder and memento of our late
companion and associate.
Resolved, That in token of their respect and esteem the mem-
bers of the bar will attend his funeral in a body, with the usual
badge of mourning.
Resolved, That the proceedings of the bar meeting be entered
upon the court records, and a copy be delivered to the family of
the deceased.
Alexander Farnham, Esq., said:
In moving the adoption of the resolutions that have just been
read, I desire, at the same time, to give utterance to a few of the
thoughts that are stirred up within me by the death of Calvin
Wadhams. It is well for us to bear in mind the real object of a
meeting like this. There is no profession, perhaps, wherein the
sympathies growing out of a fellow-calling are so marked and
decided as in ours. Our own promptings, then, eagerly respond-
ing to the demand of custom, cause us all to meet together upon
the death of a brother lawyer, that we may pause for awhile, and
take note of the fact that all our contentions, our strifes, our
rivalries and labors, must end at last where the hopes, ambitions,
and troubles of our departed friend have ended — in the grave.
Who can doubt that the contemplation of this truth must tend to
kindle a kindlier feeling among us all? for, at the brink of the
grave, no one is triumphant, no one is overcome.^ Victory or
defeat in the world's strife are of no moment in the hour when
the shadow of our common destiny closes over the vision of our
mortal life. Who can doubt that these reflections come to mind
as our brethren, one after another, pass away? Who can doubt
that the lessons of forbearance and endurance, one with another,
are thus irresistably, even though unconsciously, forced upon
our minds, and that gentler intercourse between us is the result?
In stopping to consider the death of Calvin Wadhams, a vivid
contrast is brought to my mind. It is not alone because a name
Digitized by VjjOOQIC
Calvin Wadhams. 211
of local celebrity, familiar as a household name to this commu-
nity, is suddenly become but the memento of a past life. In the
ending of his mortal career at this time I am forced back through
the rush of years to its very beginning, when both of us, then
but twelve years of age, attended the Wyoming Seminary, occu-
pying the same room in the home of its principal, the late Dr.
Nelson, to whose paternal care we had been committed. I pre-
sume I have known Calvin Wadhams longer than has any other
member of this bar, and for much of the time since our acquaint-
ance was first begun I have known him intimately. Whatever
the rank or station one may occupy in life, and however marked
or exalted the position he holds before his fellow-men, he is,
after all, simply the embodiment of character — character formed
through the years of his mortal existence, and in the light of
which he becomes distinguished among the herd of his fellow-
creatures. Character is a lens which serves to focus a man's
qualities, revealing to others the whole extent of his nature; but
in order to understand this nature rightly, one must go further
into analysis, and take up the elements which form it, and give
to it the mark of an individuality. If we thus inquire into the
character, or rather the nature, of Mr. Wadhams, we will observe
that he was an impulsive man, and yet it can truly be said that
he was not blindly impulsive. Another distinguishing feature
was his generosity, a trait which with him found practical expres-
sion to an extent hardly equaled in this community. He was a
man who had a moral courage equal to the strength of his con-
victions, and whatever they might be, he was not the one to
conceal them from before the world. Perhaps he allowed them
to hold too strong a sway over his mind, causing him to appear
sometimes not tolerant enough of the convictions of others when
brought into antagonism with them. The honesty of his own
belief, however, could never be doubted. One might find, per-
haps, that he was at times too ready in the avowal of his opinions,
and in such a manner as to invite controversy, but this is the
utmost that can be urged against him, and at the same time it
must be admitted that while he always bravely stood his ground,
he never shrank from the judgment of a just criticism, however
pronounced it might be. Impulsive as he seemed, he never
acted on his impulses blindly. He often surprised the commu-
nity with some bold scheme of enterprise which had its first
origin in an impulse, but when the scheme was carried into effect
it was always found that its details were carefully considered and
worked out. His work was thorough and complete in whatever
he undertook. This same thoroughness he carried into his pro-
fessional labors. He had never sought distinction at the bar, and.
Digitized by VjjOOQIC
212 Calvin Wadhams.
indeed, his weakness of eyesight precluded him from engaging
advantageously in the trial of cases. In addition to this, his
large private business interests, rapidly accumulating, absorbed
all his time, so that, for several years, he was not numbered
among our active lawyers. These very business interests, how-
ever, were of such a nature as to draw his attention to the law of
real estate, and brought as I was into intimate relation with him
for a portion of this time, I was often surprised at the ability, as
well as clear knowledge, he displayed concerning the questions
arising out of the law governing the descent and purchase of
land. The investigation of titles became to him a work of love,
and he developed, in fact, a remarkable gift in this direction, so
that after he resumed his profession he was equipped, I believe,
with a better knowledge of the properties of this immediate
region, and of the intricacies of the titles to them, than any other
member of this bar. I have said that Mr. Wadhams was a gen-
erous man, but he was more than this. He was a man of charity
and good deeds to the unfortunate. He had great energy, and
his efforts in the work of charity never lagged, notwithstanding
the incessant demands of business upon his time. In the pleni-
tude of his wealth and prosperity, he never gave deaf ear to the
cry of suffering humanity, and when adversity overtook him. and
he became poor, his first and last desire was still that he might
have enough tb help, in a humble way, others more unfortunate
than himself I will barely allude to his work in the Sunday
school and the church, and to the strength of his religious faith
in the midst of adversity and suffering. During the last decade
misfortune came in quick succession over him. His three and
only children were at one fell stroke swept from his sight by
death. That terrible revulsion, that laid low so many a proud
fortune, brought financial ruin to him; and finally disease, in its
most dread and mysterious form — paralysis — struck him down
in the midst of apparent health. How bravely he bore up under
these accumulating woes, determined never to yield to the weight
of his own despair. As we recall him, with his weakened side,
in his daily walk among us during the past year, we realize now
the earnestness of his struggle for life, and his greater struggle
to look cheerfully into the face of the world, while his heart was
sickened by sorrow. He is now at rest. May he rest in peace!
Gustav Hahn, Esq., in seconding the resolutions, said:
It is with more than ordinary sad and melancholy feelings that
we appear here to-day to pay the last tribute of affection to
our deceased brother. All these familiar and well known faces
express the solemn fact that one place has become vacant, and
Digitized by VjjOOQIC
Calvin Wadhams. 213
that one link of the chain which ties us together has been broken.
Our ranks have been broken again, and we are here to-day to
perform a time-honored custom of the members of our profes-
sion — to discuss the merits of character and the professional
career of our deceased brother. Everything combines to render
the occasion melancholly, even nature seems to be robed in the
garment of sorrow, and as an Oriental writer describes it, " the
glittering stars above seem to weep over the sufferings and the
sorrows of mortals." If we closely scrutinize the character of
him who has been taken away from our midst, we find that every
one has lost a friend. Calvin Wadhams from the time when he
was a young man was modest, unassuming, and far from any
selfish and impure motive. I have been acquainted with Calvin
Wadhams for almost thirty years, and during all that time he
was the same quiet, even-tempered man, and ever ready to serve
his fellow-man. When he had been the possessor of a large
fortune, he showed himself a liberal and public spirited man —
liberal and willing to do as much good as the means which had
been bestowed on him allowed. But these are qualities which
others share with him. He was distinguished by virtues which
were far brighter than most of the qualities that adorn men in
every-day life. W^hen at the height of fortune his children were
taken away from him, he bowed his head in Christian submis-
sion, and in memory of these children he erecfed that edifice
which to day points to heaven as a token that our hopes and our
wishes should not be confined to this world, but that there is
another home free from the cares and turmoils of this life.
When his children had been taken from him, Calvin Wadhams
devoted himself to the work of being instrumental to do good to
the children of other parents, and to grant to them the benefit of
Christian instruction. Another manly quality was manifest in
the character of Calvin Wadhams. When earthly treasures had
been swept away from him, who, at one time, had had at his com-
mand an abundance of means, and when he had been reduced to
comparative poverty, instead of wasting his powers in grief, and
giving up in despair, he entered the arena of his profession, and
renewed the battle of life bravely, and faithfully he fought his
way, and notwithstanding his bodily infirmities, he got into a fair
way to obtain a remunerative office practice, when, suddenly, in
the midst of his usefulness, he was stricken down with disease.
When he reached out his hand to me, bidding farewell, and when
he said, " Good-bye, I shall not see you for a long time," I did
not expect that it would be the last time I should meet him here.
But why grieve for him! He died nobly and honorably. We
Digitized by VjjOOQIC
214 Calvin Wadhams.
can truly say of him, he died in the harness; and when all that
is mortal of Calvin Wadhams shall have decayed, the memory of
his name will be still green; it will be said of him, "The right-
eous passeth away, and his works do follow him.'*
The resolutions were then unanimously adopted.
THE FUNERAL.
The funeral took place Tuesday afternoon, July 24, 1883, at 3
o'clock, at the residence on Franklin street, and, despite the rain,
was quite largely attended. The corpse, contained in a rich and
beautiful cloth covered casket, lay in the parlor, where it was
viewed by all so desiring. The funeral ceremony of the Presby-
terian Church was read by Rev. F. B. Hodge, who also made a
prayer and pronounced the benediction. The hymns, "Nearer
My God to Thee," and "Jesus, Lover of My Soul," were sung
by a trio, composed of Miss Lizzie James, G. S. Rippard, and
William Frear. The coffin was borne from the house to the
hearse by the following gentlemen acting as carriers: N. Taylor,
Dr. O. F. Harvey, M. L. Driesbach, H. B. Payne, Isaac P. Hand,
and G. Murray Reynolds. The lid of the coffin bore a silver
plate with the name of the deceased and the dates of his birth
and death engraved thereon, and was strewn with wreaths of
flowers. The following were the pall-bearers: Alexander Farn-
ham, Charles P. Hunt, Charles E. Rice, Andrew H unlock, G. R.
Bedford, and R. C. Shoemaker. At the grave the ceremony was
concluded by Rev. Mr. Hodge. In addition to the flowers rest-
ing on the coffin, a floral offering representing a pillow, with the
words "At Rest" arranged in its center, was placed on the grave.
Sitting Bull has fairly turned farmer. He was seen nugging a
jug in a fence corner the other day, while his four wives were
scratching up the ground for corn.
When two young lovers happen to sit down at the same
moment on two tacks, the immediate result is a social hop.
Digitized by VjjOOQIC
SHERIFF'S SALES. westerly along said Grove street 36 feet 9 inches to a
Abstract of property to be sold by Wm. O'Mallcy, corner, thence northwesterly at right angles to said
Sheriff of Luzerne county, on Saturday, AuRixst 4tn, Grove street 120 feet to a comer, thence northeasterly
A. D. 1883. at 10 o'clock A. M., at tne Arbitration, on a line parallel with said Grove street 36 feet 9 inches
room, in the Court House, Wilkes-Barre, who will to a comer, thence southeasterly on a line parallel
proceed with the different properties in the order in with Moyallen street lao feet to the place of beginning;
which they are numbered, to wit : improvements, one two-story frame dwelling house,
, outhouses, and fmit trees.
6
^•"'' f '^^T'*'^ ""J ^Jf*'^ "X.^iy-t ^'"'flf' ' ""u"^! Suit of Mary Elliott v. George Blackburn,
assigned to 1 nomas Farrell, V. Elizabeth Holdsworth, I McLean Att'y
Executrix of John Holdsworth deceased. I i. The surface of ail that piece of land in the W-
227 October term, 1883. Debt, $259 00. Fi fa, 50 ough of Plymouth, beginning at a corner on Church
October term, 1883 Farnham An y. ^t^cci, tlu nee by land sold to William O'Hara 148 feet
,,.?^^*' surface of all that piece of land inlhtaty^f lo a comer, thence along a creek 40 feet to a corner,
W.lkes-Barrc being parts of lots Nos 198 anJ 199 of ^j,^„^^ ^,^, ^ j^j ^^jd j^ ^ Clewell 148 feet to a cor-
the survey of the estate of the late Luther kiddcr, jhenre along Church street 40 feet to the place of
deceased, beginning at pent 170 feet from the eoiierly ^^ 1„^^ conuining 5.6J0 square feet of suHace; ira-
line of an alley at an inierscction with Bowman «rcci, provemeiits, a double frame house, outbuildings, fruit
thence northeasterly along the line of said street 50 Icet [j^^^^^ ^^^
to a corner, thence at right angles to said H^^wm^n , All the surface of that lot of land in the borough
street to the line of the right of way of the Lchi^jh and ^f p]y,„f,uth, beginning at a corner on the northwest-
busquehanna Railroad, thence southwardly jUpji^^atd „] .jj,. of Main street 81 feet in a southwesterly
line of right of way to land of Peter htraub. ihcnce dirct^[sr>„ from land of Albert Gabriel, thence along
along said Straubs line to hne of Bowman str^^ct. tlsc jv,^^„ ,j„ ^.t ,^ f^et to a corner, thence 124 feet to a
place of beginning, being 50 feet Iron t on I^^iwman ,^„,,^r. thence 124 feet to Main street, the place of bc-
strcct, and extending back to said line of ngliigf way jpj,f ,;ontaining 12.400 square feet of land ; im-
wiih a two-story brick dwelling house, with a su,n^ nrov^iHc^iits. one two-siory frame dwelling house, oul-
hasemcnt, and a two-story frame dwelling hmmc, wilh [„ti|,ji,|j., and fruit trees,
a stone basement, and frame summer kitchen , and ' m
other outbuildings thereon. Syji ,,f ^y p Kirkendall, Assignee, v. George Fritz.
2 77 Si [Member term, 1880. Debt, *876.25 Fi. fa.
Suit of Robt Sc»n,a.is & Co. v. Wyrcwood Thomas. , ' ^"^".'rTv'?''^ • ,h •. t w ^""1! ^"\
^T; Uha lo ofland in Parsons boro^ugh^^ 'nLg j°« ,^-. 6 and 7 thcnc. by line of Lincoln ,.r«. 45
. " f,^, V,. ^A .1 .. .^ r-... .7. ^ ^^^„„.. .... feci to a corner, thence by a tier of lou running from
at a comer of lot Mo. 26, thence 100 teei to a corner on Kr^-»u»™^. .« «•«.-, r -. .^ „ ... « ... »ut k«^i,
alle>-. thence 50 feet along said alley to a comer, thence Northampion street 117 feet to a corner at the back
100 feet to a corner on Oliver stfeet. thence 50 feet i ^^^ °f'"^.^°>'^'="'^*= 45 f«t to accruer between lou^
along Oliver street to place ol beginning, containing ^os. 6 and 7, iWc 117 leet to the place of bcg.nnin^^^
5,00^ square feet of ground, more or less- excepting !<^«"^«'"'"K 5.265 feet, more or less ; all improved, witTi
ind reserving out of fhe same all the cual and Sther ^.^^^^'''ST.rM.^^.'^r." i^^ ''"'^' ^^^' ^"**^°"'''^'
minerals in and under said lot; there is a two-story /^'^•"' «"*^ '""^ "■-«« ^*^"*^""-
double frame house erected on said lot, about 20 by 32 8
feci. ^^uit of Abijah Davenport ct al. v. Family Keizcr.
2. All that piece of land in the Fourteenth ward, I Sturges, Att'v.
city of Wilkes-Barre, bounded on the southeHy sidc| The surface of that lot of land in the borough of
by lands of John R. Hunter and Patrick Martin, on, Ashley, beginning at a point on the southeast side of
the wcsteriy side by land of Harding, Mayer, and Hartford street about 50 feet from the center of an
.McLean, on the norihcriy side by land of the estate alley on line of lands sold to Arnold Bertels, thence
of William Smith, and on the casteriy side by Spruce souihwcsteriy parallel with said alley 94 feet to a cor-
strect, being 50 feet in front on Spruce street by snoiner, thence souiheasteriy parallel with said Hartford
feet in depth, with a two-story frame house, with back Street about 70 feet to a corner, thence norihcasteriy
kitchen attached, outhouses, and fmit trees thereon. at right angles to last mentioned corner about 94 feet
'to Hartford street aforesaid, thence northwesterly
3 I along Hartford street about 70 feet to the place of be-
Suit of Geo. H. Parrish and Chas. .M. Conyngham ginning; improved, with one iji-siory frame dwelling
v. John S. Jones. house, outbuildings, fruit trees, and well of water
226 May term, 1883. Debt, $205.36. Vend. ex. 33ithereon. 28-30
June term, 1883. McLean, Gibbons, Att'ys. _ ^ _
All that lot of land in Wilkes-Barre township, being
lot No 12, in block D, on plot in hands of George H.
I*arrish et al , said lot being 50 feet in front on Spruce
street, and 200 feet in depth ; coal and other minerals
ESTATE OF PATRICK BURKE, LATE OF
Jenkins township, deceased.
Letters testamentary upon the above named estate
reserved. ! having been granted to the undersigned, all persons
4 I having claims against the same will present tnem for
Suit of Geo. H. Parrish and Chas. M. Conynghamj payment, and those indebted thereto will please make
v John S. Jones. | immediate payment to
2V7 May term, 1883. Debt. ^^205.36. Vend. ex. u lAMFi. O'DONNELL.
June term, >b83. McLean, Gibbons, Att'ys. MICH AEL T. HOBAN,
Al! that lot of land in Wilkes-Barre township, being J. T. LEN.MIAN, Executors,
lot No. 11, in block D, on plot in hands of George H. Attorney. 29-.>4
Parrish et al., said lot being 50 feet in front on Spruce
street, and 200 feet in depth ; improved, with 2-story
frame dwelling house, 20 leet long by 12 feet wide, and
other outbuildings thereon ; coal and minerals reserved.
ESTATE OF SALLY ABBOTT, LATE OF
Kingston township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
Suit of William Connell, Assignee, v. Jackson Lunn. | having claims against the same will present them for
29*1 November term, 1880. Debt, $531.09. Fi. fa. ; payment, and those indebted thereto will please make
46 October term, 1883. McLean, Att'y. 1 immediate payment to
All that piece of land in the city of Wilkes-Barre, j CHARLES A. MINER,
beginning at a point on the west side of Grove street,' L. D. SHOEMAKER, Executor.
14S feet 3 inches from Movallen street, thence south- Attorney. 26-31
I ' 59
Digitized by Kj OOQ IC
E
ESTATE OF MORRIS HUGHES. LATE OF: T? STATE OF PETER HERRON. LATE UF
of We«t Pittston, deceased. d Hazle township, deceased.
Letters testamentary upon the above named estate | Letters of administration upon the above named
having been granted to tne undersigned, all persons i estate having been granted to the undersigned, all per-
having claims against the same will present them for I sons having claims against the same will present un.m
payment, and those indebted thereto will please make | for payment, and those indebted thereto will incase
immediate payment to ; make immediate payment to
ELIZABETH HUGHES, CON D. HERRON.
WILLIAM J. HUGHES, I30-35 _ _ _ Admimsiraior
99-34 Executors, i . ^ _ _ _
EQTATP nv rrm~M x wii t Tam^^ q„ t A-ry T^ ^HE MATTER OF THE PARTITION OF
^^^xTr^. O** J^MN^ 1 . WILLIAMS, Sr., late X the real esute of Philip Houpi, late of the rity rf
of Wilkes-Barre, deceased. I Wilkes-Barre, Luxeme county. Pennsylvania, deed
Lettera tesumentary upon the above named esute ;xhe heirs and devisees of said decedent will take notice
having been granted to the undersigned, all persons ^^a^ in pursuance of an order of the Orphans' Court
having claims against the same will pr«cnt them for-of Luzerne county, a writ of partition has issued from
payment, and those indebted thereto will please make'^aid ,.Q^^^^ t© the SheriflF of said county, returnable ca
immediate payment to wtt i 1 a mc 1 M^"day, the 3d day of September, xfes. « 2 o'clock
PPMKFTX * Mir^ini^ WILLIAMS, | p. M., and that the inquest will meet for the purpovr
BENNETT & NICHOLS. Executor, of making partition of the real estate of said dewdeat
Attorney^._ ?^-35ion Fndav, the 24th day of August, 1883, at 10 o'dcck
STATE OF CELIA A. DAILY, LATE OFi ^ /^, *>' *«^<* ^V' "P^" ^*^<= premises, at which tinie
^ Clinton county. State of Indiana, deceased. ^"^ place you can be present if ymi sec proper. The
Letters of administration upon the above named ' P.^^'""*^V" S"^'*'"" rT df»cri bed as follows. 1^ »u.
estate having been granted to the undersigned, all per- ' ^ ]*'<^ .adjoining lots of land situate on the southwc«
sons having claims against the same will present them "'>'^'«*«:°*^*<<>^?*»'"«U,*V:**^" Frankhn and ii^n
for payment, and those indebted thereto will please ,^o""«^«»='''n ^*»<= ^iiy of Wilkes- Barrc, Luzerne «««>.
make fmmediate payment to ' Pennsylvania : the first thereof being 5- ««! from ci
Y^lj^LIAM E KYTTLE 1 Ross street, and about 210 feet deep, bounded 00 icc
M. CANNON. ■ Administrator. |f°"*ll*=^," ^ide by an ajley, and on the northwest sitic
Attorney 2__- by the lot hereinafter dcseri bed, and con tainiog about
- - — - -^ '10,175 square feet of land, and having erected ihereoii
STATE OF ADAM STUPPI. LATE OF THE'a small brick dwelling and frame bam; and the seoord
city of Wilkes-Barre. deceased. .thereof being also 50 feet front on Ros* street. and
Letters testamentary upon the above named estate about 162 feet deep, bounded on the nonhwcsi sldeb,
having been granted to the undersigned, all persons land of M. B. Houpi, and on the southea<^t side bv thc
having claims against the same will present them for lot hereinbefore described, and containing about S.iou
payment, and those indebted thereto will please make 'square feet of land, and having erected thereon a two-
immediate payment to story brick dwelling and small frame bam.
ELIZABETH STUPPI. WILLIAM O'MALLEY.
JACOB BECKER. 20. BENNETT & NICHOLS. Sheriff
29-34 Executors. ' Attorneys. jc- -
ESTATE OF R C. SUTLIKF, LATE OF THe! jn RE SATISFACTION OF MORTGAGE
township of Huntington, deceased. 1 Henrv M. Hoyt to John Grandin, Mortgage book
Letters of administration upon the above named 23. page 252. No 20 October term 18S3 In the
estate having been granted to the undersigned, all per- , Court of Common Pleas of Luzerne coilnty. To John
sons having claiins against the same will present ihemt(;randin, his legal representative or reprcscnuii»o-
for payment, and those indebted thereto will please, Take notice that the petition of Herz Lowcnsicin ha*
make immediate payment to ,becn filed in the Court of Common Pleas of Ijucrnr
A- R- PENNINGION, county, in which petition the said Lowenstein makes
I. P. HAND, Administrator. | application to the court to have satisfied of record inc
Attorney. 2934, mortgage recorded in the Recorder's office of Ijizctdc
W'^S^r^^^'^^''' ^^^'^ OF^H-^^rng^r^^^^^^^^
Letters of ad^,ni?tmtTon^^n the above named'^^fagee. \^>uarether^^^^
estate having been granted to the undersigned, all per- 1 f^tZ^[, '^l \iL^llZ Z A ?i\.tl^ ,Kt
sons having claims against the same will present tftem ^^ "' ^°:r f A M ot ^h^rh fL ^,h V^TXil «'
mak^rm^^iare'ca^^^^^ ^'^"" "'" P'-- ^pl^in^a t mm1ss^>nerto^'ak^ t^e^Tlminy l^nTe^liS
make immediate paymeni^to^^ ^^^^ ^ WILLIAM O'MALLEY.
CAILItTL'I DE-MXTI7D ' 27-3O Sheriff.
E
29-34 ^*^"""'**'^^°'^ i /ORPHANS' COURT SALE.
ESTATE OF DAVID KLINGER, LATE OF;^ ^^state of Philip Goss, deceased. By virnic
Salem township, deceased. of an order of the Orphans* Court of Luzerne couniy.
Letters of administration upon the above named there will be exposed to public sale, on the prciufe*^.
estate having been granted to the undersigned, all per- '" Huntington township, on Saturday. August as.iwi,
sons having claims against the same will present them at lo o'clock A. M., all that piece of land in Huotir»i-
for payment, and those indebted thereto will please t"" township, bounded on the north by land of Joha
make immediate payment to Metcalf, on the east by lands of Albert Wilkinson, r-n
N. D. SMITH, the south and west by lands of Delilah Wilkinson.
26-31 Administrator. containing 12 acres of land ; all imprqved, with a fntDc
— - house and frame bam thereon
ESTATE OF GEORGE FLOTUNG, LATE OF Terms of Sale— 10 percent of the purchase mone)
Hazleton, deceased. ion striking down of the property ; the one-fiHirth, lo*
Letters testamenury upon the above named estate; the 10 per cent, at confirmation absolute; ooc-fourtb
having been granted to the undersigned, all persons! in six months from confirmation nisi, and the balance
having claims against the same will present them for. in one year after confirmation nisi, with interest on
payment, and those indebted thereto will please make each payment Irom that date; the insullmcnts to be
immediate payment to ! secured by bond and mortgage on the premises.
WJLLIAM FLOTUNG, 1 WfLLlAM KOONS.
C. W. KLINE, Executor. J. G. MILLER, Administrator.
Attorney. 3"-.?S Attorney. ^>'
60
I
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The Luzerne Legal Register.
Vol. XII. Friday, August 3, 1883. No. 31.
BOOK NOTICE.
Practice and Process in the Orphans* Courts of Pennsyl-
vania. By Hon. D. L. Rhone, Judge of the Orphans' Court
of Luzerne county. In two volumes. Vol. I., Practice, pp.
792. Vol. II., Acts of Assembly and Forms, pp. 623. Phila-
delphia: Rees Welsh & Co., 1883.
Prior to the establishment of separate Orphans' Courts in Philadelphia,
Allegheny, and Luzerne counties under the constitution of 1874, the Orphans'
Court business was conducted by the Common Pleas Judges, of necessity,
in a less formal way than its importance demanded. Since then the vast
amount of business devolving uix)n the Orphans' Courts in many counties
of the State, and the delicate judicial discretion required in some branches
of jurisdiction, have been more fully recognized by the profession and the
public. With the adoption of a formal, and, in some respects, complex sys-
of practice in the separate courts, which is even yet in a formative state, the
demand arose for a work expressly devoted to the subject, which demand
has been independently responded to by two capable authors, Hon. Wm.
M. Hall and Hon. D. L. Rhone. Judge Rhone's work is the first in the
field. It is divided into two distinct parts.
Volume I. is rather a digest of the law of Pennsylvania relating to dece-
dents' estates, than an essay upon the technical practice of the court. Aii
the cases upon the subject have been summarized with greater care than
digests generally exhibit, and are classified under appropriate headings in
alphabetical order, supplemented by some practical and elementary remarks
at the close of each section. It is very possible that those who looked for a
comprehensive treatise may be disappointed. It is very probable, however,
that the plan adopted will prove, upon the whole, more useful to the practi-
tioner, as by it one is enabled to turn at once to a very accurate analysis of
all the cases upon the point under consideration. The subject depends so
much upon statutes and their judicial construction that any other plan would
prove certainly difficult, and would, perhaps, involve the defect so common
in text-books — vagueness.
Digitized by VjjOOQIC
2i6 Alexander & Son v, Stuart.
Volume II. consists of all the acts of Assembly bearing upon the subject,
arranged under heads corresponding with those of Volume I. The very
valuable reports of the Commissioners who prepared the codes of 1832. '33.
'34, and *53 are added in foot-notes to the acts to which they refer, forming
an immediately accessible commentary upon them. The collection of farms
has been very carefully prepared, and will prove extremely valuable; for,
although they are especially calculated for the meridian of Wilkes-Barre,
they may be easily adapted by the practitioner for Philadelphia or Allegheny
county. In a number of instances notes are appended prepared by A. J.
Fortin, Esq., whose long experience in the Orphans' Court of Philadelphia
county has enabled him to make some valuable suggestions.
We regard as a defect in the second volume the separation of the acts of
Assembly and the judical decisions by which they have been construed.
Where a doubtful clause of a statute has been interpreted by the courts,
convenience suggests that the case should be noted in connection with it, as
in Purdon's Digest. We think it would have been an improvement had the
author grouped together all the statutes, decisions, and forms relating to the
same subject, and added thereto his own suggestions. The indexes are well
prepared.
l^on the whole, the book is a very valuable contribution to our legal
literature, and it will doubtless find its way into every library of Pennsyl-
vania law.
The foregoing review of Judge Rhone's books is from the
Weekly Notes of Cases of July 19, 1883, and is a fair expression
of the opinion of all reviewers of the work, except that none
others have intimated that a rival book on the same subject is
now desirable or at all necessary.
Court of (Hommon JJUas of Cujenu (JTounttt.
Alexander & Son v. Stuart.
Bankruptcy— yudgment — Utn qf.
Notwithstanding a defendant's discharge in bankraptcy, the plaintiff has a right to issue execution
in enforcement of the lien of a judgment on real estate.
Rule to show cause why the execution and levy shall not be
set aside at the costs of the plaintiffs.
The opinion of the court was delivered December 6, 1880, by
Rice, P. J. — This judgment was entered October i, 1877. On
Digitized by VjjOOQIC
Commonwealth v. King. 217
April 27, 1878, the defendant filed his application in bankruptcy,*
and on August 19, 1878, he was discharged. This test, fi, fa,
issued from this court March 12, 1880, and was levied on per-
sonal property. Notwithstanding the defendant's discharge in
bankruptcy, the •plaintiffs had a right to issue execution in
enforcement of the lien of the judgment on real estate (Feehley
V. Barr, 16 Sm. 196; Biddle's Appeal, 18 Sm. 13; Keller v,
Denmead, 18 Sm. 449; Reese v, Johnson, 26 Sm. 313; Sleek
and Blackman v. Turner's Assignee, 26 Sm. 142); but a levy on
personal property was an attempt to enforce a personal liability,
from which the defendant was released by his discharge.
The levy is set aside and the writ is stayed as to personal
property at the costs of the plaintiffs. This order not to prevent
the plaintiffs from proceeding by execution in enforcement of
any alleged lien of the judgment on real estate.
E. Robinson, Esq., for plaintiffs.
A. Farnham, Esq., for defendant.
(lottrt of Common |JUas of iiHercer (Hountg.
Commonwealth v. King.
I . The record of a summary conviction will be reversed if it does not set forth a well defined act
forbidden by law.
a. In summary convictions a justice must set forth the charge specifically; he must» under the act
of 1876 (P. L. 154), reduce the evidence of witnesses to writing as it is delivered by them
before him.
3. The second section of the vagrant act of 1836 is not repealed by the tramp law of 1876.
4. Mere idleness and disorderly conduct does not make one a vagrant. To sustain a conviction
under these statutes, the record and evidence must bring the case within the very terms of
the law.
The opinion of the court was delivered June 30, 1883, by
McDermitt, p. J. — On the 29th of June, 1883, the relator was
sentenced by Benj. A. Ride, a justice of the peace, on a summary
conviction, to pay a fine of $$, the costs of prosecution, and to
undergo an imprisonment in the county jail for the period of
thirty days; and to test the legality of this sentence, he has sued
Digitized by VjjOOQIC
2i8 Commonwealth v. King.
out this writ. The following is a copy of the record of his con-
viction :
"Commonwealth v, Daniel J. King. Mercer, June 28, 1883.
Defendant arrested by Constable Murphy, and charged by Con-
stable Murphy with being found drunk and disorderly, a suspi-
cious character, and a vagrant, in the borough of Mercer, Pa,, on
June 28, 1883, contrary to act of Assembly made and passed.
Defendant committed to jail till June 29, 1883, for hearing.
"And now, to wit, June 29, 1883, defendant brought into office
by Constable Murphy, who is sworn, and, after hearing proofs
and allegations, the defendant is sentenced to pay a fine of five
dollars and costs and thirty days in jail. Had no money to pay
costs.*'
On the hearing it was contended by the relator's counsel that
the record, as a record of a summary conviction, fails to set forth
facts warranting a conviction and said sentence. The Common-
wealth's counsel concedes "the sentence, so far as it was imposed
on the relator for being drunk and a suspicious character, cannot
be sustained by the record."
In Commonwealth 7/. Nesbit (10 Casey, 398) the court, inter
a/ta, says: "The technical formalities of an old summary con-
viction are much beyond the ordinary skill of justices of the
peace in this country, and for this and other reasons some parts
of them have been much condemned in modern legislation. But
it is still essential that a summary conviction shall contain a
finding that a special act has been performed by the defendant,
and that it shall describe or define it in such a way as to individ-
uate it, and show that it falls within an unlawful class of actv
Without this a judgment that the law has been violated stands
for nothing."
Now this is not merely a formal or technical rule of summary
convictions, but a most essential and substantial one. No citizen
could have any protection against the ignorance or wickedness of
inferior magistrates if these were authorized to convict citizens of
offences, and yet allowed to so record their proceedings that the
very act done cannot be ascertained, and thus their judgment
cannot be tested by their judicial superiors. The most common
purpose for which inferior tribunals are reviewed by their supe-
Digitized by VjjOOQIC
Commonwealth v. King. 219
riors is in order to correct their erroneous applications of law to
ascertained facts. But when the record contains no definite facts,
but only a legal conclusion from unrecorded facts, the Supreme
Court cannot, without compelling a return of the evidence, or
taking testimony of what it was, decide whether the legal conclu-
sion, that is, the conviction of the offence, is right or wrong. In
such a case, for the safety of the citizen, they usually reverse the
conviction, simply because no act appears upon it that justifies
the judgment. And this rule applies not only to summary con-
victions, but to indictments and trials by jury in the higher courts,
and generally even to judgments in civil actions there. "A sen-
tence is reversed if the record does not show the commission of
a well defined act that is forbidden by law." This case was fol-
lowed by the Supreme Court a few months since in Reid v. Wood
(30 Pitts. L. J. 436).
Tested by this case, is this record sufficient? The relator is
charged by the officer arresting him with being, in his view,
"drunk and disorderly, a suspicious character, and a vagrant."
The Commonwealth's counsel having conceded this sentence
can only be sustained as to the charge of vagrancy, the other
charges will not be considered.
Who is a vagrant? The statute of February 21st, 1767,
declared as illegal all the acts forbidden by the statutes of 1836
and 1876, except the one of refusing "to perform the work which
shall be allotted them by the overseers of the poor," etc. The
two latter acts are found in Purdon's Digest, pp. 1453 ^^^ 2081.
Persons committing the acts defined by the statutes of 1836 and
1876 as constituting vagrancy were denominated "idle and disor-
derly persons" by the act of 1767. The act of 1876, popularly
known as the tramp act, thus defines and describes vagrants:
1. All persons who shall unlawfully return into any district
whence they have been legally removed without bringing a cer-
tificate from the proper authorities of the city or district to which
they belong, stating that they have a settlement therein.
2. All persons who shall refuse the work which shall be allotted
to them by the overseers of the poor, as provided by the act of
June 13, 1836, etc.
3. All persons going about from door to door, or placing
Digitized by VjjOOQIC
220 Commonwealth v. King.
themselves in streets, highwys, or other roads, to beg or gather
alms, and all persons wandering abroad and begging who have
no fixed residence in the township, ward, or borough in which
the vagrant is arrested.
4. All persons who shall come from any place without this
Commonwealth to any place within it, and shall be found loiter-
ing or residing therein, and shall follow no labor, trade, occupa-
tion, or business, and have no visible means of subsistence, and
can give no reasonable account of themselves or their business in
such place.
These definitions are substantially, but not quite literally, the
same as those contained in the first, third, fourth, and fifth sec-
tions of said act of 1836. The second section of this last named
act is not re-enacted in said act of 1876. and it reads: "All per-
sons who, not having wherewith to maintain themselves and their
families, live idly and without employment, and refuse to work for
the usual and common wages given to other laborers in the like
work in the place where they then are." But as the act of 1876
has no section repugnant to said second section of the act of
1836 it remains in force.
From the fact that vagrants were, by the act of 1767, denomi-
nated ** idle and disorderly persons,** has arisen the popular but
erroneous opinion that one may be summarily convicted as a
vagrant, or as an ** idle, disorderly person,** upon the mere ground
that he was arrested when "idle and disorderly." Justices of the
peace must, however, remember that " idle and disorderly persons"
are, in law, only known now as vagrants, and that no person can
be convicted of vagrancy unless he has committed some act forbid-
den in the above quoted provisions of the acts of 1836 and 1876.
A justice must base his judgment on the evidence adduced
upon the hearing, and not upon the facts charged in the written
or oral information of the arresting officer. If the defendant
admits his guilt, the justice must state the facts he admits, unless
the written information, to which he pleads guilty, charges him
with the commission of such acts as constitute vagrancy. If he
pleads guilty to the oral charges of the arresting officer, the
justice must set forth on his record the substance of such charges.
He must, also, under the act of 1876 (P. L. 154), reduce to writ-
Digitized by VjjOOQIC
Commonwealth v. King. 221
ing the evidence of the witnesses while the same is being deliv-
ered by them. He shall, in every case of conviction, "make up
and sign a record of conviction, annexing thereto the names and
records of the different witnesses," etc. This term, "records of
the different witnesses," means their testimony as delivered before
the justice.
As this record does not set forth "the commission," by the
relator, "of a well defined act that is forbidden by the law," and
"contains no definite facts, but only a legal conclusion from un-
recorded facts," he must be discharged.
Anxious not to discharge the relator if he were, in fact, a
vagrant, I heard the evidence of the only witness examined before
the justice, and had his testimony shown him to have been a
vagrant when tried, I should, whilst reversing the conviction
and sentence, have remanded him for another hearing before the
justice.
It was argued, but not strenuously, that the relator's only
remedy was by an "appeal to the present or next general Quarter
Sessions." Unless one should be convicted during a term of said
sessions, or his sentence should overlapse the next term, an
appeal could not liberate him at any time between said terms.
The act does not give the appellant the right to be bailed out
pending his appeal. Such an appeal as this never should have
been on our statute books, and it cannot be that it suspends the
operation of the writ of habeas corpus. If this appeal affords a
person convicted under this act any remedy, it is merely cumu-
lative. I have no doubt of the relator's right to this writ, nor of
my right to hear said evidence. Commonwealth ex rel, Joseph
McKeagy, i Ash. 248.
The evidence taken before me was the same as adduced before
the justice, and it showed the relator, when arrested, to have been
drunk, noisy, profane, and trying to sell a watch. In all of these
acts combined, none of said acts which alone constitute vagrancy
are to be found.
Our borough justices, and some others, have requested me to
incorporate into this opinion some forms of records for summary
convictions, but I have not the time to do so, and it would make
the opinion too long and cumbersome. I think, however, that
Digitized by VjjOOQIC
222 Commonwealth v, Gallagher.
if they shall carefully study the chapter devoted by Biaa*s Justice
to "Summary Convictions *\they can easily frame a record in
accordance with the cited case of Comlth. v. Nesbit (supra).
And now, to wit, June 30, 1883, the conviction and sentence
is reversed, and the prisoner discharged.
Conrt of Quarter dtSBtous of CatkanKinna (ilounts.
Commonwealth v, Gallagher.
In a case of assault and battery, where the defendant died after the grand jury had returned a true
bill against him, and before the trial was had, the county cannot be compelled to pay the costs
of prosecution.
Motion for an order on county to pay costs.
The opinion of the court was delivered by
Handley, P.J. — John Scanlon presented his bill of indictment
against James Gallagher, charging him with assault and battery.
The grand jury returned a true bill, but before the case was
called for trial the Great Judge called Gallagher before him for
hearing on final appeal. He has not thus far returned from the
court above, and the law permits us to presume that he never
will again return to answer any charge that may be preferred
against him here. The prosecutor, therefore, desires that an
order be made directing the county commissioners to pay the
costs of prosecution. Can we make such an order? We think-
not We have examined all our statutes on costs, and we can
gather nothing out of the mouth of these statutes that provides,
when a man is called to his final rest, and is bid to sleep the
eternal sleep of man, that the county shall pay the costs. Galla-
gher cannot be made to pay them until a jury of his country
first say that he must. It will be exceedingly hard to find a jury
to agree on that point now, and we are, therefore, clear that the
county may not, or his estate, be forced to pay them pro liac vice.
Motion and order refused.
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IN THE MATTER OF THE PARTITION OF
the real estate of Philip Houpt, late of the city of
Wilkes-Barre, Luzerne county, Pennsylvania, dcc'd.
The heirs and devisees of said decedent will take notice
that in pursuance of an order of the Orphans' Court
of Luzerne county, a writ of partition has issued from
said court to the Sheriff of said county, returnable on
Monday, the 3d day of September, 1883, at 2 o'clock
P. M., and that the inquest will meet for the purpose
of making partition of the real estate of s.iid decedent
on Friday, the a4th day of August. 1883, at 10 o'clock
A. M. of said day, upon the premises, at which time
and place you can be present if you see proper. The
? remises in question are described as follows, to wit :
'wo adjoining lots of land situate on the southwest-
erly side of Ross street, between Franklin and Main
streets, in the city of Wilkes-Barre, Luzerne county,
Pennsylvania; the first thereof being 50 feet front on
Ross street, and about aio feet deep, bounded on the
southeast side by an alley, and on the northwest side
by the lot hereinafter described, and coniaininc about
10,175 square feet of land, and having erected thereon
a small brick dwelling and frame bam ; and the second
thereof being also 50 feet front on Ross street, and
about 162 feet deep, oounded on the northwest side by
land of M. B. Houpt, and on the southeast side by the
lot hereinbefore described, and containing about 8,100
square feet of land, and having erected thereon a two-
story brick dwelling and small frame bam.
WILLIAM O'MALLEY,
B-ENNETT & NICHOLS, Sheriff.
Attorneys. 30-32
ORPHANS' COURT SALE.
Estate of Philip Goss, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, on the premises ^
in Huntington township, on Saturday, August 25, 1883,
at zo o'clock A. M., all that piece of land in Hunting-
ton township, bounded on the north by land of John
Metcalf, on the east by lands of Albert Wilkinson, on
the south and west by lands of Delilah Wilkinson,
containins 12 acres of land ; all improved, with a frame
house and frame barn thereon.
Tbrms of Salk— 10 per cent of the purchase money
on striking down of the property ; the one-fourth, less
the 10 per cent, at confirmation absolute ; one-fourth
in six months from confirmation nisi, and the balance
in one year after confirmation nisi, with interest on
each payment from that date; the installments to be
secured by bond and mortgage on the premises.
WILLIAM KOONS,
J. G. MILLER, Administrator.
Attorney. 39-31
ESTATE OF GEORGE H. HOCH. LATE OF
Dorrance towaship, deceased.
Letters of administration upon the above named
estate having been granted to ine undersigned, all per-
sons having claims against the same will present then
for payment, and those indebted thereto will please
make immediate payment to
MARY HOCH.
T. R. MARTIN, Administratrix.
Attorney^ 26-31
ESTATE OF PATRICK^ BURKE. LATE OF
Jenkins township, deceased.
Letters testamentary upon the above named esatc
having been granted to the undersigned, all person*
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JAMES O'DONNELL.
MICHAEL T. HOBAN,
J. T. LENAHAN, Executors.
Attorney^ _^____ ^'^
ESTATE OF SALLY ABBOTT, I^TE OF
Kingston township, deceased.
Letters tesumeniary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
CHARLES A. MINER,
L. D. SHOEMAKER, Executor.
Attorney^ a^-ji
ESTATE OF JOHN T. WILLIAMS, Sb.. LATE
of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all pcrsoiB
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JOHN T. WILLIAMS.
BENNETT & NICHOLS,
Attomeys.
Executor.
ESTATE OF DAVID KLINGER, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
N. D. SMITH,
•26-31 Administrator.
ESTATE OF GEORGE FLOTUNG, LATE OF
Hazlcton. deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
WILLIAM FLOTUNG,
C. W. KLINE, Executor
Attorney. 30-35
ESTATE OF PETER HERRON, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tht^m
for payment, and those indebted thereto will please
make immediate payment to
CON D. HERRON.
30-35 Administrator.
64
ESTATE OF CELIA A. DAILY, LATE OF
Clinton county. State of Indiana, deceased.
Letters of administration upon the above named
estate having been granted to the luodersigned, all per-
sons having claims against the same will present tnen
for payment, and those indebted thereto wiU please
make immediate payment to
WILLIAM E. KYTTLE,
M. CANNON, Adminutrator.
Altomey. »^
ESTATE OF R. C. SUTLIFF, LATE OF THE
township of Huntington, deceased.
Letters of administration upon the above oaincJ
estate having been granted to the undersigned, all pc^-
sons having claims against the same will present then
for payment, and those indebted thereto will plci*«
make immecliate payment to
A. R. PENNINGTON.
I. P. HAND, Adminisiniior
Attorney. =y >*
CHAS. D. FOSTER,
Attorney at Law,
Wilkk-Barhb^_Pa^
W. S. PARSONS,
Alderman,
MaKKBT StRKKT, WtL XBS-BARRB, P^ -
CALVIN WADHAMS,
Attorney at Law and Notary Pubuc,
Wilkbs-Barrk. Pa.
MoLEAN & JACKSON,
Attorneys at Law,
Wilkbs-Barrb, Pa
I
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, August io, 1883. No. 32.
(ffourt of Common picas of Cnjcnte dTountg.
Sweeney v. Lehigh Valley Railroad Company.
Nnu trial— Mixconduct iff counsel in argument to jury.
I. The authority of the court to grant a new trial for misconduct of counsel in arguing the case to
the jury is well recognized.
a. It is the duty of the party prejudiced by the unwarranted statements of opposing counsel to object
at once.
3. The general rule of practice, with one or two exceptions, is, that the party complaining of the
misconduct of opposing counsel in his argument to the jury will not be permitted to hold his
objections in reserve to be used in the event oi an unfavorable verdict.
Rule for a new trial.
The opinion of the court was delivered December il, 1882, by
Rice, P. J. — We are urged to grant a new trial because of the
alleged misconduct of the plaintiff's counsel in his closing argu-
ment. It should be stated at the outset that some of the remarks
alleged to have been made by the counsel were outside the evi-
dence, and were not justified by anything in the cause. The
authority of the court to grant a new trial for this cause is well
recognized. The general rule is, that where counsel in the course
of his argument comments on excluded testimony, or misstates
the evidence, or makes statements outside the evidence, calcu-
lated to prejudice the minds of the jurors in favor of his own
client, or against his adversary, the opposing party, or his coun-
sel, may object; whereupon it becomes the duty of the court to
interfere, to correct the misstatements, to caution the jury against
them, to cause the counsel to desist from proceeding irregularly,
and, in an extreme case, to withdraw a juror and stop the trial.
If, however, after being admonished, the counsel still persists in
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224 Sweeney v. Lehigh Valley R. R. Co.
offending, or if, notwithstanding the cautionsto the jury, the
court is of the opinion that the statements were of such a nature
as probably to render their efforts to overcome their prejudicial
influence ineffectual, a new trial will be granted. The difficulty
with the present application is, that the counsel for the defendant
did not object at the time. The general rule of practice, with
one or two exceptions, as. for example, where counsel states to
the jury the result of a former trial before another tribunal, is,
that the party complaining will not be permitted to hold his
objections in reserve to be used in the event of an unfavorable
verdict. Undoubtedly the court may, of their own motion, inter-
fere to prevent misstatement of the evidence, or to correct counsel
in an unwarrantable line of argument. But to impose the duty
on the court of attending closely to the arguments of counsel to
the jury, and of interrupting in every instance where they travel
outside the evidence, without having their attention called to the
objectionable statements, would, obviously, be impracticable.
The only general rule which, after long trial, has been found to
be practicable is the one we have stated. It is fully discussed
and recognized, and supported by the citation of the authorities,
in the recent opinion filed by Judge Elwell in this court in the
case of Monroe v. D. L. & W. R. R. Co. It is urged, with great
earnestness, against this rule by the defendants* counsel that it
would have been useless for them to object at the time; that
nothing that the court could have said would have overcome the
injury wrought by the counsel's unwarranted arguments and
assertions. This is by no means certain. If the objectionable
statements had any appreciable effect in producing the verdict, it
is possible that an immediate correction of the counsel might
have destroyed the effect, and a different result might have been
reached without the expense and delay of a retrial. We could,
at least, have made the effort, and if, after that, we had felt that
the jurors were so unmindful of their oaths as to render our
instructions ineffectual, the court could still have prevented injus-
tice by a new trial.
The rule is discharged.
John T. Lenahan, Esq., for plaintiff.
Hon. H. W. Palmer and J. V. Darling, Esq., for defendants.
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Klinetob V, Roth. 225
dourt of €ommon J}Ua0 of fujeriu (ffouutg.
Klinetob v. Roth.
yuttiee o/tkt p*ac« — yurisdtction — Certiorari.
In an action before a justice, the plaintiff's demand was for " five dollars and twenty-five cents
damages, by reason of defendant's not repairing plaintiff's gun as by him agreed to do» and
receiving pay for it :" Held, that the justice had jurisdiction.
Rule to show cause why affirmance of proceedings entered
November 9, 1875, shall not be stricken off, and the case rein-
stated for argument.
The opinion of the court was delivered March 6, 1882, by
Rice, P. J. — On the 7th of April, 1875, exceptions were filed
to this record, and on the 9th of November following the pro-
ceedings were affirmed. May 18, 1876, this rule was granted.
It is in the nature of an application for a reargument, upon the
ground that the court erred in affirming the proceedings. The
sole reason urged before us was, that the justice did not have
jurisdiction of the cause of action.
It is asserted by the defendant's counsel that this matter was
decided by the judge who granted the rule. This, however, is
denied by the counsel for the plaintiff. In such a dispute we
must necessarily rely entirely upon the record, and as the record
shows no previous disposition of the rule, we must assume that
the question has not been finally adjudicated.
The cause of action, of which the justice took jurisdiction, is
thus stated in the transcript : " Plaintiff demands five dollars and
twenty-five cents damages, by reason of defendant's not repairing
plaintiff's gun as by him agreed to do, and receiving pay for it."
It is assumed by the defendant's counsel that the gist of the
action, as thus stated in the transcript, was the failure to repair
the gun in a workmanly manner; that this was a tort, and that a
justice of the peace has no jurisdiction of such a cause of action,
though it indirectly arose out of a contract. It was clearly
decided in Zell v, Arnold (2 P. & W. 292) that an action to
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226 Klinetob V, Roth.
recover damages for negligence in the execution of work, em-
ployment, trust, or duty, under a contract, is not cognizable before
a justice of the peace. In the later case of Conn v. Stumm
(7 C. 14) the plaintiff, on appeal, charged in his declaration that
he "retained and employed'* the defendant to iron his wagon,
and the defendant " undertook and promised to do it with care
and skill," and the breach assigned was, that " not regarding his
promise and undertaking," he did not do it with proper care and
skill. The court below, acting on the authority of Zell v. Arnold,
dismissed the case for want of jurisdiction in the justice. This
was held to have been error. It is certainly not easy to reconcile
these two cases, nor, as we read this record, is it necessary to
attempt to do so. The cause of action here set forth is not that
the defendant failed to perform the work undertaken in a work-
manly manner, but a failure to perform as he had agreed to do,
and of this the justice had jurisdiction, as is shown by abundant
authority. In the case of Hunt v. Wynn (6 W. 47), an action
against a common carrier for not delivering goods intrusted to
him, the declaration, on appeal, charged the defendant with negli-
gence, and in a second count, generally, with not having deliv-
ered the goods according to contract. It was held that the
action was within the jurisdiction of the justice. In the case of
McCahan v. Hirst (7 W. 178), Mr. Justice Kennedy said: "The
complaint of the plaintiff below substantially was, that the defend-
ant, having become by contract the bailee of clover seed belong-
ing to the plaintiff, did not take care of and account for it to the
latter as he ought to have done. Contract, then, being the foun-
dation of the duty imposed upon the defendant by his having
become bailee, it is clear that a breach of duty thereby imposed,
which is the real cause action here, must be regarded as arising
out of contract, and therefore within the jurisdiction of the jus-
tice," etc. See, also. Todd v, Figley, 7 W. 542; Livingston v.
Cox, 7 Barr, 360; Seitzinger v. Steinberger, 2 J. 380-1.
We have no other evidence of the cause of action in this case,
than that furnished by the transcript, which shows that the plain-
tiff's demand was based on the defendant's non-feasance of a con-
tract between them, and not on his misfeasance in the performance
of a duty implied by that contract, and hence the justice had
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Rich ART v, Wisner. 227
jurisdiction, and there was no error in the affirmance of the
proceedings.
The rule is discharged.
P. H. Campbell, Elsq., for plaintiff.
A. Ricketts, Esq., for defendant.
€cmrt of €cnnmon {)leas of £ti^eme €ottnto.
RiCHART et ux. V, Wisner et al.
Hnsbtutdand wi/t — Duress — Undiu inftuence — De€d—AckntfwUdgment of— Equity^ Demurrer.
%. Where a married woman conveys her separate estate to creditors of her husband in payment of
his debts under threats by the former that they would proceed by actions at law to recover it
from her, her deed is not voidable on the ground of duress per minas.
•a. The certificate of a justice to the acknowledgment of a deed by a married woman of her separate
estate is a judicial act, and as to a bona fide vendee or mortgagee for value, without notice of
fraud or imposition in the procurement of the exeaition of the instrument, is conclusive of every
material Caict expressed therein.
3. But as against a vendee or mortgagee with notice, it may be shown by parol, not only that the
certificate itself is false, but also that, although all the forms of the statute were observed, the
execution and acknowledgment were procured by fraud and imposition, or were made under
compulsion.
4. A married woman conveyed her separate estate to creditors of her husband in payment of the
tatter's debts. She subsequently filed a bill to set aside the deed upon the ground " that she
was unduly influenced thereto by the repeated and urgent requests, entre.tties, importunities,
and persuasion of her husband," and that the grantees took with notice of the fact : Held^ that
the decision of the case must depend on the proof as to the degree of undue influence exerted by
the husband, and that the demurrer must be be overruled.
5. Mere persuasion by a husband will not suffice to avoid the deed of a wife to a third person, if her
will be not coerced.
6. Dariington's Appeal (5 Nor. 513) distingui.«hed.
Demurrer.
The opinion of the court was delivered July lo, 1882. by
Rice, P.J. — In October, 1878, as averred in the bill, the plain-
tiffs delivered to the defendants a deed in fee simple for certain
land, which was the separate estate of the wife. The formal exe-
cution and acknowledgment of the conveyance are not denied,
and are therefore to be presumed. No consideration therefor
moved directly to the wife, but it is fairly to be implied from the
whole bill that it was made in satisfaction and payment of her
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228 RiCHART V. WiSNER.
husband*s debts. A cancellation of the deed and a reconvey-
ance of the premises are here asked to be decreed upon two
grounds.
1st. It is alleged that the defendants, "contriving and intending
to coerce and compel her to convey the same to them in satisfac-
tion and payment of her husband's debts aforesaid, in conjunction
with other creditors of her said husband, made threats in the
presence and hearing of divers persons, which were communi-
cated to the said Mary B. Richart, that if she would not convey
the same to them, the said defendants, in satisfaction and payment
of her husband's debts as aforesaid, they would cause her to be
entirely deprived of her said estate by suits at law in the several
courts of the state and general government."
We do not think it can be seriously argued that these facts
alone, even if uncontradicted, would be sufficient for the setting
aside of this deed. They do not show duress per minas at law,
and therefore not in equity. Stouffer v. Latshaw, 2 W. i68. "The
constraint which takes away free agency, and destroys the power
of withholding assent to a contract, must be one which is immi-
nent, and without immediate means of prevention, and be such
as would operate on the mind of a person of a reasonable firm-
ness of purpose." Miller v. Miller, i8 Sm. 493. Clearly there
was no such constraint here, nor would there have been had the
threats been made directly to the plaintiff. As a person of sound
judgment, she was bound to know that her property could not
lawfully be taken to satisfy her husband's debts, and at the most
the threat was only to contest her title in a court of law. The
defendants* assertion that the result of the threatened legal pro-
ceedings would be to deprive her of her land could not reason-
ably be regarded as more than the affirmation of a matter resting
in opinion, but even if it be regarded as the affirmation of a mat-
ter of fact, it was of a fact equally open to her knowledge and
inquiry. If her title, as against her husband's creditors, was not
valid, the threat by them to establish its invalidity by proceed-
ings at law does not constitute duress. Harris v, Tyson, 12 H.
347. But if, as she alleges, her title was perfect, then she knew
that in the end she must prevail, and that in the meantime her
possession of the property would remain unchanged. When it is
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RiCHART V, WlSNER. 229
remembered, further, that these alleged threats were not made to
her, and that no conspiracy is alleged to have existed between
the defendants and her husband and son, it is impossible to con-
clude, either that she was deceived and imposed upon by the
declarations of the defendants, or that she was under such con-
straint as to make her deed voidable on the ground of duress.
See Fulton v. Hood, lo C. 371.
2d. As a further ground for the relief claimed, Mrs. Richart
alleges that she executed the deed " under the constraint of the
threats of said defendants, . . and the undue influence over
her actions in the premises caused by the persuasion and impor-
tunities of her said husband and son, of which the said defend-
ants well knew." This averment is to be taken with what has
gone before, and the undue influence here alleged in general
terms is more particularly described in the preceding paragraph
of the bill as consisting of " urgent requests and entreaties repeat-
edly and from time to time made upon her" by her husband and
son to comply with the demands of the husband's creditors, and
thus "to relieve him from his embarrassment and the said threat-
ened legal proceedings against her and her said estate, . . by
making and delivering to the said defendants a deed of convey-
ance for her said property."
In considering this branch of the case several matters naturally
and at once suggest themselves, the preliminary" statement of
which will relieve the real question presented of complication.
{a,) The consideration for the wife's conveyance was a perfectly
valid and conscionable one.
(b) It is not alleged that there has been a failure of considera-
tion, or that the purpose for which the conveyance was made has
not been effected.
{c.) The bill does not charge that the defendants resorted to
any artifice, trick, deception, fraud, or persuasion to induce Mrs.
Richart to execute the deed; nor does it charge that they were
in combination or conspiracy with her husband and son.
(^/.) It is not alleged that Mrs. Richart was not in full posses-
sion of all her mental faculties, nor that she was not fully aware
of her legal rights, and of the nature of the conveyance, its pur-
pose and effect.
Digitized by VjjOOQIC
230 RiCHART V, WiSNER.
(^.) It is not alleged that her husband and son. or either of
them, made any false representations, or suppressed the truth in
any material particular, in order to induce her to execute the
deed. On the contrary, she knew that the purpose of the con-
veyance was to pay her husband's debts, and thus to relieve him
from embarrassment, and at the same time to avoid threatened
litigation regarding the identical property conveyed.
After the statement of these preliminary suggestions, the ques-
tion raised by the demurrer maybe fairly stated thus: Will a
court of equity set aside the deed of a feme covert, executed and
acknowledged in due form, conveying her separate real estate to
her husband's creditors to satisfy and pay the former's debt,
where it is shown that she was unduly influenced thereto by the
repeated and urgent requests, entreaties, importunities, and per-
suasion of her husband, the grantee knowing the fact?
The certificate of a justice of the peace to the acknowledgment
of a deed by a married woman of her separate estate is a judicial
act, and as to a bona fide vendee or mortgagee for value, without
notice of fraud or imposition in the procurement of the execution
of the instrument, is conclusive of every material fact expressed
therein. Singer Mfg. Co. v. Rook, 3 Nor. 445. But as against
a vendee or mortgagee with notice, it may be shown by parol,
not only that the certificate itself is false, but also that, although
all the forms of the statute were observed, the execution and
acknowledgment were procured by fraud and imposition, or were
made under compulsion. Schrader v. Decker, 9 Barr, 14; Loudon
V, Blythe, 4 H. 532; Loudon v, Blythe, 3 C. 22; Michener v.
Ca vender, 2 Wr. 334; McCandless v. Engle, i Sm. 309; Hall v.
Patterson, Id. 289. In other words, the fact that \}ci^feme covert
acknowledged the instrument in the form prescribed by the
statute for the conveyance of her separate estate will not precludj
proof of the fact that the declaration to the magistrate that she
executed the deed freely, and without fear or coercion of her
husband, was itself induced by fraud, or made under fear and
compulsion. The relation existing between husband and wife
are of so close and confidential a nature, and her condition is in
general so dependant, that it has very recently been held, as a
positive rule of law, that "the conveyance of a wife's estate for
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Rich ART v, Wisner. 231
her husband's use will be held void, unless it affirmatively appears
from the attending circumstances, or otherwise, that it was her
voluntary act, and not induced by his undue influence." Darling-
ton's Appeal, 5 Nor. 512-521. The transaction is placed in the
same category with gifts and contracts between guardian and ward,
attorney and client, trustee and cestui que trust. But there are
material points of difference between a conveyance directly to
the husband, or for his use, and one to a third person to secure
or pay the husband's debt. In the latter case the parties to the
conveyance, in contemplation of law, deal at arms length, while
in the former case they do not. In the latter case there is a val-
uable consideration moving from the grantee, while in the former
case, as in Darlington's Appeal, there is not. To apply the same
rule of proof to both cases would produce the most inconvenient
results, in that it would tend to destroy the effect of the acknowl-
edgment and the certificate th^r^of dis prima facie evidence of the
material &cts contained therein. As to third persons, the rule of
law remains the same, that the wife, in order to avoid her deed,
must show, by affirmative proof, that there was fraud or compul-
sion, of which the grantee had notice, and the degree of undue
influence which would be sufficient to set aside a deed from a
wife to her husband would not be sufficient to set aside her deed
to a third person. But while recognizing this distinction, we are
not prepared to say that even in the latter case the husband may
not exercise such a degree of undue influence, by urgent requests,
entreaties, importunities, and persuasions, as would amount to
fraud or moral coercion of her will. The husband may effect
coercion without resorting to violence or positive threats and
intimidation. ** If he uses his influence and power in such man-
ner as to control her unduly, or so as to make her act under his
will, and not her own, the deed is void. I do not say that it will
be vitiated by the mere fact that she yields to his persuasions,
even when she does so against her better judgment. But there
must be no imprisonment of her mind, and no unfair advantage
taken of her weakness. She must act voluntarily, and not by
compulsion, moral or physical." Loudon v, Blythe, 3 C. 25. If
the view we have taken is the correct one, the decision of the
question stated at the outset of this branch of the case must
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232 HouFf v. Hendler.
depend on the proof as to the degree of undue influence exerted
by the husband, and hence we cannot say that under no view of
the question can the bill be sustained.
The demurrer is overruled, and the defendants are directed to
answer within thirty days.
Hon. G. M. Harding and John McGahren, Esq., for plaintiffs.
G. S. Ferris and J. V. Darling, Esqs., for defendants.
Court of Common JJlma of Cujeme Countp.
HouPT V, Hendler.
AVw trial — Misconduct of juror — Waiver qf irregularities in trial — yuror — Contem/t.
X. If no challenge be interposed, the general character for sobriety of a juror cannot be inquired into
after a trial on the merits, in which he has not been guilty of misconduct affecting the trial.
2. The fact that a juror, after he has been sworn, drinks intoxicating liquors is not held to be
sufficient ground for a new trial, unless it is shown that he drank at the insunce or expense of
the winning party, or that he was thereby unfitted to listen to and remember, and to Intelligently
and impartially consider and weigh, the evidence.
3. A juror who, after being sworn in a cause, comes into court in an intoxicated condition is guilty
of contempt, and may be fined.
4. Silence as to a known irregularity, or even misconduct, not directly affecting the verdict, and with
which the winning party is not connected, is generally held to be equivalent to express assent
that the trial may proceed.
5. Where it is known to a party, or his counsel, that, during an intermission in the triai of a civi|
case, a juror has drank intoxicating liquor to excess, and the party does not object to procecdiAg
when the temporary incapacity of the juror is removed, but takes the chance of a verdict in hb
favor, he cannot demand a new trial for that cause alone, unless the winning party Is shown to
have been in »ome way connected with the misbehavior.
Rule for a new trial.
The opinion of the court was delivered February 5, 1883. by
Rice, P. J. — After a full consideration of this application, and
of the arguments urged in its support, we conclude that it must
be refused.
The statute requires the jury commissioners to select sober,
intelligent, and judicious persons to serve as jurors. Presump-
tively, the persons selected by them are qualified in these respects.
Whether a juror may be challenged upon the ground that he is
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HouPT V, Hendler. 233
a person of intemperate habits, we need not decide. It is clear
that if no challenge be interposed, his general character for
sobriety cannot be inquired into after a trial on the merits, in
which he has not been guilty of misconduct affecting the trial.
The parties to a cause are entitled to the best judgment of the
jurors on the evidence, but the fact that a juror, after he has been
sworn, drinks intoxicating liquors is not held to be sufficient
ground for a new trial, unless it is shown that he drank at the
instance or expense of the winning party, or that he was thereby
unfitted to listen to and remember, and to intelligently and im-
partially consider and weigh, the evidence. We are not satisfied
that either of the jurors complained of were in that condition at
any time while the trial was in actual progress in court, or while
they were deliberating upon their verdict. In coming to this
conclusion, we take into consideration, not only the evidence
given upon direct and cross-examination of the witnesses sworn
upon the rule, but also the strongly negative evidence furnished
by the failure of the parties, the counsel, the other jurymen, and
the trial judge to observe the alleged intoxication.
The evidence shows that on Tuesday evening, after the court
had adjourned for the day, one of the jurors complained of
became intoxicated. On Wednesday morning, it being observed
that he was still in an unfit condition to properly consider and
weigh the testimony, and the court having called the attention of
counsel to the fact, the trial of the case was temporarily sus-
f)ended, and the juror was severely reprimanded and fined. It
appears, also, from the depositions, although it was not known to
the court, nor were we informed of the fact until this motion was
made, that on the same day (Wednesday) another juryman be-
came intoxicated. This was gross impropriety of conduct, which
not only deserves the severest rebuke and condemnation, but
which also constituted a contempt of court, for which they could
be punished. The punishment inflicted on the first mentioned
juror was none too severe; it is only to be regretted that the
offence of the second named juror was not brought to our atten-
tion. But, gross as was the misbehavior of these jurors, we do
not think it a sufficient reason for a new trial, under the circum-
stances of this case. The intoxication of the first mentioned
Digitized by VjjOOQIC
234 HouPT V, Hendler.
juror on Wednesday morning was brought to the attention of all
the counsel, and no objection whatever was made to the tempo-
rary suspension of the trial until he should be in fit condition to
proceed; nor were we asked to withdraw a juror, and to continue
the cause altogether. As to the other juror, the depositions
show that the fact that he had been drinking, and was intoxicated,
was called to the attention of one of the counsel for the defendant
on Wednesday. Another case was called for trial on Wednesday
morning which occupied the whole day. The day following was
Thanksgiving day, and hence the trial of the present case was
not resumed until Friday morning. It is not alleged that the
jurors referred to were not sober on that day, the facts as to the
previous intoxication of the second juror were not called to our
attention, and no objection was made to proceeding with the trial.
Nothing was said to lead the court to suppose that it was not the
wish of both parties to proceed. Under these circumstances, the
defendant, having taken the chance of a favorable verdict, must
be held to have waived the objection. We need hardly say that
there is a plain distinction between misconduct directly affecting
the verdict, as, for example, bribery, and misbehavior of this
nature, or other irregularity, which might be ground for discharg-
ing the jury, if the objection were made to proceeding as soon as
it became known to the party complaining. That the parties
could agree to proceed with the trial, notwithstanding this mis-
behavior of the jurors during the intermission, and that such
agreement would estop them from objecting after verdict, cannot
be doubted. It is a rule of very frequent application in practice
that silence as to a known irregularity, or even misconduct, not
directly affecting the verdict, and with which the winning party
is not connected, is equivalent to express assent that the trial
may proceed.
In the case of Spong v, Lesher (i Y. 326) a new trial was
refused where a brother-in-law of one of the plaintiffs was sworn
on the jury, and the plaintiffs* attorney, being informed of it,
offered to waive the juror, provided the defendant would consent
to swear another in his room, and go on with the trial, no injus-
tice having been done by the verdict.
In the case of McCorkle v. Binns (5 Binn. 340) it was held
Digitized by
Google
HouPT V, Hendler. 235
that if, after the jury are sworn, one of the parties learn that a
juror has prejudged the case against him, he must make it known
at once ; he cannot take his chance of a verdict, and rely upon
the prejudgment of the case by the juror for a new trial.
In the case of Burton v, Ehrlich (3 H. 236) it was held that
where a person is called as a juror whose name is not in the
venire, and a party suffers him to remain on the jury without
objection, and takes his chance of a verdict, it is a waiver of the
objection.
It is good cause of challenge that a juror has acted as such in
a former trial of the same case, the evidence being the same.
Smith V, Wagonseller, 9 H. 491.
In the trial of the case of Eakman v, Shaffer (12 Wr. 176) this
objection to one of the jurors was discovered after the evidence
was all in. The Supreme Court said upon this point: "If the
counsel had objected to the juror the moment he discovered that
he had sat on a former trial of the same cause, and the court had
overruled his objection, he might possibly have had a case; but
he took his chance of a verdict before making the objection, and
then it was too late." In this court the same point. was ruled in
the same way in the case of Freeman v. Wall (3 Luz. L. Reg. 33).
It is held to be misconduct for counsel in their arguments to
the jury to travel outside the evidence, to misstate the evidence,
or comment on excluded evidence, and yet it is held, as a general
rul^, that if the opposing party makes no objection at the time,
but takes his chance of a verdict, he cannot afterwards set up
such misconduct as ground for a new trial. See Sweeney v,
Lehigh Valley R. R. Co., ante p. 223.
In the courts of other States it has been held that the interest,
or partiality, or prejudgment of the case by a juror, or the fact
that he has acted as such on a former trial, or that he is related
to the opposite party, if known to the party or his counsel before
trial, or if so made known during trial, must be made the ground
of immediate objection, or the party will be presumed to have
waived it by his silence. Kent v. Charleston, 2 Gray, 281 ; Fox
V, Hazleton, 10 Pick. 275; Arroch v. Comlth. Ins. Co., 21 Pick.
471; Bourke v, James, 4 Mich. 336; Sleight v, Henning, 12
Mich. 376.
Digitized by VjjOOQIC
236 Becker v, Hammes.
The principle sustaining these decisions of the jcourts of this
and other States requires us to hold, that where it is known to a
party or his counsel that during an intermission in the trial of a
civil case a juror has drank intoxicating liquors to excess, and
the party does not object to proceeding when the temporary
incapacity of the juror is removed, but takes the chance of a
verdict in his favor, he cannot demand a new trial for that cause
alone if the verdict goes against him, unless the winning party is
shown to have been in some way connected with the misbehavior.
The rule is discharged.
Hon. G. M. Harding and John Lynch, Esq., for rule.
" I. P. Hand, W. S. McLean, and L. H. Bennnett, Esqs., contra.
€cmrt of Common )plmd of Cn^erm County.
Becker v. Hammes.
Fraud— Opening judgmnU.
If parties concoct a scheme to hinder, delay, and delraud crediton^ and resort to a judgmeat to
effect their object, both having in view the sanM thing, there is no fraud between them of wfaicb
either can complain, or call oi> a court for relief agafaut.
Rule to show cause why the judgment shall not be opened.
The opinion of the court was delivered September 12, 188 1, by
Rice, P. J. — There can be but one conclusion from the defend-
ant's testimony, and that is that this judgment was given, and the
sheriflTs sale was had thereon, in pursuance of a fraudulent con-
federation between him and the plaintiff to hinder and delay, if
not to defraud, his creditors. It has served its unlawful purpose,
and he now asks to have it opened upon the ground that he has
paid the balance left unsatisfied by the sale. Aside from the
fraudulent nature of the transaction, as alleged by the defendant,
the evidence of payment is vague and unsatisfactory, and is
denied by the plaintiff. The payments alleged consist of an open
account against the plaintiff. The defendant furnishes no evi-
dence of time, place, or circumstances when it was agreed that
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Becker v. Hammes. 237
these items, constituting this open account, should be applied to
the payment of this judgment He says, generally, '*they were
to be applied to the judgment," "it was understood that they
were to be credited upon the judgment," and uses other expres-
sions of like vague character. The evidence of the negotiations
for the sale of the property to Mr. Lines does not put the defend-
ant's case in any better light, for it is at the best only evidence
of an unavailing attempt on the part of the plaintiff to get out of
the business, and of offers which were never accepted. There
were open accounts on both sides apart from the judgment, and
controversies over them, a fact which indicates that the parties
regarded them as applicable one to the other, rather than that
the defendant's account should be applied to the judgment, and
not to the plaintiff's open account, which the defendant admits
the former will still have against him. If the case rested here,
we think we would be justified in discharging the rule upon the
ground that there is not sufficient evidence, in view of the posi-
tive denials of the plaintiff, to warrant the sending of an issue to
a jury. Kocher v. Rice, 2 Luz. Leg. Reg. 24; Philbin v, Dav-
enger, I Id. 507.
But, to go a step further, the defendant is compelled to admit,
or rather assert, the fraudulent nature of the judgment and
sheriff's sale before he can set up these payments. By the record
the title to the property and the proceeds of the business after
the sale belonged to the plaintiff. How, then, could the plaintiff's
judgment be paid with his own property, or the defendant be
permitted to deny that the property belonged to the plaintiff,
without asserting that the judgment and sale were only for the
purpose of defeating his creditors? But this the law will not
permit the defendant to do. " If parties concoct a scheme to
defraud others, and resort to a judgment to effect their object,
both having in view the same thing, there is no fraud between
them, assuredly, of which either can complain, or call on- a court
for relief Courts will not move to change the condition of the
parties more readily in such case than they would to enforce an
executory contract, which, as a general rule, they will not do.
. . It should be remembered that the law will not lend its aid
to relieve a party against the effect of his own fraud, any more
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238 , Becker v, Hammes.
than it will aid to enforce fraudulent contracts. It leaves both
as it finds them/* Blystone v, Blystone, i Smith, 373. This is
eminently a case for the application of this rule.
Before leaving this case, we feel called upon to protest against
the imposition upon the court of the large mass of irrelevant
testimony which appears in the depositions submitted by the
defendant. The cross-examination of the plaintiff especially may
have been pertinent to an issue between him and the defendant's
creditors, but most of it was not pertinent in this proceeding.
The rule is discharged.
N. Taylor, Elsq., for rule.
Hon. G. M. Harding and John McGahren, Esq., contra.
The meanest slight a girl can put upon an admirer is to use
a postal card in refusing an offer of marriage. It proves that she
doesn't actually care two cents for him.
A gentleman, whose custom it was to entertain very often a
circle of friends, observed that one of them was in the habit of
eating something before grace was asked, and determined to cure
him. Upon a repetition of the offence, he said: "For what we
are about to receive, and for what James Taylor has already
received, the Lord make us truly thankful."
" Sister told me to come in and talk to you 'till she found her
hair," said a little six-year-old girl to her big sister's beau. Do
you like to have me talk to you ? Sister says you sing like a
screech owl. What is a screech owl? Won't you sing for me?
Sister says you don't know beans. I know beans — ^a whole bag
full. Sister says — why, you ain't going, are you? Oh, my,
won't sister be mad, though.
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NOTICE IS HEREBY GIVEN THAT AN
applicftUon will be made to one of Judges of the
Court of Common Pleas of Luzerne county, under the
prorisions of the Act of Assembly, entitled "An Act
to provide for the incorporation and regulation of cer-
tain corporations/' approved April ap, 1874. and the
supplements thereto^ on Monday, September ^d, 1883.
at 10 o'clock A.M., for the incorporation of an intended
corporau'on, to be called the " Young Men's Christian
Association of Pittston," the character and objects of
which are the promotion of the religious, intellectual,
and social welnre of young men.
G. S. FERRIS.
3a-34 Solicitor.
NOTIC?: IS HEREBY GIVEN THAT AN
application vrill be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved April 29, 1874.
and the supplements thereto, on Monday. September
3d, 1883, at 10 o'clock A. M., for the charter of an in-
tended corporation, to be called " The Rector, Church
Wardens, and Vestrymen of Trinity Church of West
Pittston, ' the chancier and objecu of which are the
worship of God according to the faith and discipline
of the Protestant Episcopal Church in the United
States of America.
G. S. FERRIS.
33-34 Solicitor.
ESTATE OF PETER HERRON, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to tne underxigned, all per-
sons having claims against the same will present them
for payment^ and those indebted thereto will please
make immediate payment to
CON D. HERRON.
^35 Administrator.
ESTATE OF MORRIS HUGHES, LATE OF
of West Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
ELIZABETH HUGHES,
WILLIAM J. HUGHES,
39-34 Executoni.
ESTATE OF PATRICK BURKE, LATE OF
Jenkins township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
JAMES O'DONNELL,
MICHAEL T. HOBAN,
J. T. LENAHAN, Executors.
Attorney. »9-34
ESTATE OF JOHN T. WILLIAMS, Sk., LATE
of Wilkes-Barre, deceased.
Letters testamenury upon the above named estate
having been granted to me undersigned, all persons
having claims against the same will present tnem for
payment, and those indebted thereto will please make
immediate payment to
'UHN T. WlLLIc ,
Executor.
Attorneys. 39-34
JOHN T. WILLIAMS,
BENNETT & NICHOLS
ESTATE OF CELIA A. DAILY LATE OF
Clinton county. State of Indikna, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILLIAM E. KYTTLE,
M. CANNON, Administrator
Attornej*. 39*34
ESTATE OF R. C. SUTLIFF, LATE OF THE
township of Huntington, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for pavment, and those indebted thereto will please
make immediate payment to
A. R. PENNINGTON,
I. P. HAND, Administrator.
Attorney. 39-34
IN THE MATTER OF THE PARTITION OF
the real estate of Philip Houpt, late of the city of
Wilkcs-Barre, Luzerne county, Pennsylvania, dec'd.
The heirs and devisees of said decedent will take notice
that in pursuance of an order of the Orphans' Court
of Luzerne county, a writ of partition has issued from
ESTATE. OF ADAM STUPPI, LATE OF THE said court to ihe Sheriff of said county, returnable on
city of Wilkes-Barre, deceased. Monday, the 3d day of September, 1883, at 2 o'clock
Letters testamentary upon the above named estate P. M., and that the inquest will meet for the purpose
having been granted to the undersigned, all persons of making partition of the real estate of said decedent
having claims against the same will present them for on Friday, the 24ih day of August, 1883, at 10 o'clock
payment, and those indebted thereto will please make! A. M. of^said day, upon the premises, at which time
immediate payment to and place you can be present if you see proper. The
ELIZABETH STUPPI, premises in question are described as follows, to wit :
JACOB BECKER, 20, | Two adjoining lots of land situate on the southwest-
29-34 Executors, criy side of Ross street, between Franklin and Main
„ — _ streets, in the city of Wilkes-Barre, Luzerne county,
ESTATE OF CHRISTIAN RUTH, LATE OF, Pennsylvania: the first thereof being 50 feet front on
BuUer township, deceased. Row street, and about 210 feet deep, bounded on the
Letters of administration upon the above named southeast side by an alley, and on the northwest side
esute having been granted to the undersigned, all per- by the lot hereinafter described, and containing about
sons having claiins against the same will present them 10,175 square feet of land, and having erected thereon
for payment, and those indebted thereto will please! a small brick dwelling and frame bam -and the second
make immediate payment to (thereof being also 50 feet front on Ross street, and
ARIO RUTH. about 162 feet deep, bounded on the northwest side by
SAMUEL BENNER, 'land of M. B. Houpt, and on the southeast side by the
^9*34 Administrators, lot hereinbefore described, and containing about 8,100
E<;tatf of (ivnur.v v\ r^TiiMr 1 &tv np'**!"**"* ^^^^ ^^ ^^"^' *"*^ having erected thereon a two-
Ha^eto^; decked ^*-^^^^^' ^^^^ ^ f^, story brick dwelling and small fnimeWn.^
Letters testamenury upon the above named esute'
having been granted to the undersigned, all persons
having claiins against the same will present them for
payment, and those indebted thereto will please make '
immediate payment to j
WILLIAM FLOTUNG,
C. W. KLINE, Executor. !
Attorney. 30-35
I
WILLIAM O'MALLEY,
BENNETT & NICHOLS, Sheriff.
Attorneys. 30-33
CHAS. D. FOSTER,
Attorney at Law,
Wilkbs-Barhb, Pa.
65
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The Luzerne Legal Register.
Vol. XII. Friday, August 17, 1883. No. '33.
Court of Common )plmd of €n}tvm Connh).
Butcher et aL v. Fernau et al.
Aitackmtnt—Act o/M^trch rj, iSbg—Evidtnce—Dtiivery of Bond.
t. The giving bond under section 3 of the act of March 17, 1869 (attachment), dissolves the attach*
meat in so far as it binds the goods. A subsequent motion to dissolve, under section 6, ought
not to be entertained, and, if entertained and allowed, it cannot have the effect of satisfying the
condition of the bond.
3. Suit was brought on a bond given by defendant under section 3 of the act of March 17, 1869,
(attachment) dated March 10, 1881. It was endorsed, "Approved, Thomas Munroe, Prot.,"
without date, and was tiled June 10, 1881 : Held^ first, filing was not required to give the bond
validity : second, there is 9. prima /mci< presumption of approval and delivery of the bond on
the day it bears date, which is not rebutted by the tact that it was filed on a much later date.
Rule to show cause why compulsory non-suit shall not be
taken off.
The opinion of the court was delivered June 4, 1883, by
Rick, P. J. — There are two ways in which a defendant, .whose
goods have been attached under the act of March 17, 1869 (P. L.
9), may proceed to have them released from the grasp of the
attachment.' 1st. He may give bond conditioned as prescribed
in the third section of the act. 2d. He may file an affidavit, and
move the court, or a judge thereof, to dissolve the attachment
under the provisions of the sixth section. If he adopts the former
method, or if, adopting the latter method, he succeeds in his
motion, and if there is personal service of the writ, or if the
defendant is a resident of the county, or if he appears to the
action, the case proceeds, as in case of summons for debt regu-
larly issued and duly served. If he fails in the latter method, he
Digitized by VjjOOQIC
240 Butcher v. Fernau.
may still give a bond; but if he gives a bond in the first instance,
it seems clear that the attachment, in so far as it binds the goods, '
is dissolved ipso facto, and that a subsequent motion to dissolve,
under section 6, ought not to be entertained, and, if entertained
and allowed, it cannot have the effect of satisfying the conditions
of the bond. Even if it be assumed that the lien of the attach-
ment remains after the giving of bond, the subsequent action of
tha court in entertaining and allowing a motion to dissolve would
only have the. effect to dissolve the lien, and this would not sat-
isfy the conditions of the bond to pay the debt and costs after
the expiration of the stay of execution, or to surrender the prop-
erty in as good condition as when attached to any officer having
an execution against the defendant on any judgment rendered in
the attachment.
This non-suit was allowed upon the theory that the bond was
not approved and delivered until after the court had dissolved
the attachment on the defendant's application, made under the
provisions of the sixth section of the act. See Butcher ei al. v.
Fernau et al., i Kulp, 401. When that motion was argued and
decided, we had no knowledge whatever of the bond in question.
This should be said in explanation.
The bond in question bears date March 10, 188 1. It is en-
dorsed, "Approved, Thomas Munroe, Prot," and is marked filed
June 10, 1881. The rule to dissolve was granted March 11, 1881,
and was made absolute April 25, 1881. May 16, i88i,the plain-
tiffs entered judgment sec. reg., and on June 10, 1881, they issued
y?./rt., which was returned nulla bona. The present action on the
bond was instituted April 13, 1882, which was more than one
year after the first day of the term to which the attachment
was made returnable. There was no other evidence as to the
delivery of the bond, nor as to the date of its approval by the
prothonotary.
After a more careful consideration of the case than we were
able to give upon the trial, we conclude that there was at least a
prima facie presumption of the approval and delivery of the bond
on the day that it bears date, and that this presumption was not
rebutted by the fact that it was filed on a much later date, for
while there was no impropriety in filing it in the office of the
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Building Association v, Lyons. 241
prothonotary, such filing was not required by the act to give it
validity. It follows that we erred in awarding the non-suit.
The rule is made absolute.
F. C. Sturges and C. L. Lamb, Esqs., for plaintiffs.
John Lynch and E. A. Lynch, Esqs., for defendants.
Court of Common JJUos of Cujenu Countg.
Anthracite Building and Loan Association v. Lyons.
Building association — Opening Judgmtni — Burden qf proqf— Evidence — Fraud—ExecuHon of
paper by illiterate man.
I. Where, by the charter of a building association, the right to collect otherwise usurious interest,
premiums, and fines was qualified by a proviso, ** that such stockholder shall have signed an
agreement containing the following words,'* etc., the association can only recover the actual
amount loaned, with simple interest, if the borrowing stockholder has not signed the agreement
referred to.
3. The question as to the burden of proof in opening a judgment considered.
3. The act of April xsth, 1869, does not require that the evidence of a party in interest, though the
only evidence on his side, should be corroborated to make it effective.
4. If a party who can read will not read a deed put before him for execution, or if being unable to
read will not demand to have it read or explained to him, he is guilty of supine negligence, which
is not the subject of protection, either at law or equity.
Rule to open judgment.
The opinion of the court was delivered April 25, 1881, by
Rice, P.J. — The judgment, of which this is evidently a revival,
was given by the defendant to secure the repayment of a loan
made by him in June, 1871. The premium paid for the loan was
;Jioi on a share. The amount of the loan was ^1,000, and the
premium being deducted the actual amount of cash received by
him was $49$, On the whole amount of ^1,000 he paid interest
at the rate of one-half of one per cent a month for several years,,
but very irregularly, and consequently he was fined on each
de&ult in payment of interest, and these fines were in many cases
compounded. We make no allusion to the dues paid, nor the
fines on the dues, for the reason that these payments were not on
account of the loan, and until there is an application to withdraw,
Digitized by VjjOOQIC
242 Building Association v. Lyons.
or to have the stock or dues applied in payment of the loan, the
association is certainly not bound to apply them, but if nothing
else prevented would be entitled to have its judgment security
kept in force for the full amount.
As the case now stands, the only question presented is, whether
the premiums charged and deducted, the various sums paid as
interest on the loan, and the various fines charged on default in
payment of interest, and fines on such fines, are usurious ? This
question is raised by article v. of the charter, which provides that
the premiums, fines, and charges that may be paid by stockholders
shall not be deemed usurious, "provided that such stockholders
shall have signed an agreement containing the following words,
to wit: 'We, the stockholders and trustees of stock in the
Anthracite Building and Loan Association, . . whose names
are hereunto subscribed, do hereby agree to, and bind ourselves,
our heirs, executors, administrators, and assigns, to abide by the
provisions of the charter of the association and such by-laws as
are, or may be hereafter, adopted.' " This provision of the con-
stitution is peculiar, but undoubtedly lawful, and if the defendant
did not subscribe the agreement prescribed, then the payments
alluded to are usurious, and should be deducted from the judg-
ment, and no laches nor delay on his part can make them lawful.
It appears from the depositions that the defendant is an illiterate
man, and cannot write. He swears that he never subscribed his
name to this agreement, and never authorized any other person
to sign for him. On the part of the plaintiflT it is shown that his
name is subscribed with others under the agreement, which is
entered in a book of the association called " Registry of Stock-
holders," but it is not claimed to be in the handwriting of the
defendant. The agreement is on the first page of the book, and
the name of the defendant is written on the seventh page, the
intermediate pages, as would seem from the depositions, being
taken up by the signatures of other stockholders. Mr. O'Neill
testifies that he was attorney for the association ; that at one of
the meeting, held in the early part of 1871, he requested the
members to come forward and sign their names to the book;
that he made a personal request to the defendant to sign his
name, and that the latter told the witness he could not write, and
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Building Association v. Lyons. 243
that the witness should sign his name for him, and it would be
all right; that at this time the regular business of the meeting
was going on; that at the time when he requested the defendant
to sign the book was open at the page where the latter's name
was subscribed, and that he has no recollection of explaining to
the stockholders or the defendant that the agreement prescribed
by the charter preceded their or his signatures. It appears, also,
in the testimony of J. J. Scanlon, the subscribing witness to each
of the following papers, that at the time of the making of this
loan the defendant made his mark to the following assignment in
the transfer book :
*• Wilkes-Barre, Vk,, June jo, 187 i.
" I hereby transfer to the Anthracite Building and Loan Asso-
ciation five shares of certificate No. loi in the said association as
collateral security for the repayment of money loaned by them
to me, and also of all interest, fines, dues on stock, or other
charges which may accrue according to the charter.
his
"Attest: Thomas x Lyons.
*'J. J. Scanlon, Treas." mark.
And that at the same time he made his mark to the following
receipt in another part of the book:
•* Wilkes- Barre, Vk., June jo, iSyi,
" Received of the Anthracite Building and Loan Assoeiation
one thousand dollars as a loan from the permanent fund, for the
repayment of which, with. all interest, fines, dues on stock, and
other charges, I have given as collateral security five shares of
certificate No. loi in the said association and a judgment note
for one thousand dollars.
his
"Attest: Thomas x Lyons.
"J. J. Scanlon." mark.
It is not alleged that either of these documents was read or
explained to the defendant, and the execution of them is denied,
certainly inferentially, by the defendant, who swears that he signed
his name but once for the association, and that was when he exe-
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244 Building Association v. Lyons.
cuted the note. It is argued that the payment of interest and
fines for a series of years without objection is inconsistent with
defendant's present allegation. We cannot so regard it. The
mere payment of usury without objection furnishes no ground of
estoppel, nor evidence that the defendant felt himself legally
bound to pay it. We therefore dismiss this fact from our con-
sideration. Neither do we regard the signing of the assignment
and receipt as equivalent to the signing of the agreement pre-
scribed by the constitution. If they have any weight, it is simply
as corroboration. The questions presented for adjudication are,
first, did the defendant authorize Mr. O'Neill to sign his name,
as alleged by the plaintiff; and, second, if he did, are there any
circumstances connected with the transaction which would war-
rant an inference that his signature was obtained by fraud, or
fraudulent concealment of the contents of the instrument he was
asked to sign. As to the first question suggested, it will be ob-
served from the brief synopsis of the evidence which we have
given that there is a direct and apparently irreconcilable conflict
between the defendant and Mr. O'Neill.
A mere conflict, especially since the passage of the act of
1869, permitting parties to testify, will not warrant the granting
of an issue. Philbin v. Davenger, i Luz. Leg. Reg. 507.
As a general rule, where a party has confessed a judgment to
another, which has been entered of record, his own deposition
alleging fraud and the like, but contradicted flatly by the depo-
sition of the plaintiff, will not prevail to open the judgment.
Kocher v. Rice, 2 Luz. Leg. Reg. 24.
The rules declared in the two pases cited have been followed
in many other cases in this court, and we do not propose to
depart from them. They must not, however, be misapplied. As
we understand the cases, they apply only where the conflict is
over the equity which the defendant sets up as his ground for
relief, and which he must establish, or be left where he has placed
himself under the law. To extend the rule further, so as to hold
that, in every instance, where there is a conflict between the
plaintiff and the defendant, even though it be over a matter which
is a part of the plaintiff's case in rebuttal of the defendant's
equity or right to relief, the scales must be tipped to the plaintiff's
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Building Association v. Lyons. 245
side would be a practical nullification of the act of 1869, as is
abundantly shown in the late cases of Ballentine v. White (27
Sm. 20), Prowattain v. Tindall (30 Sm. 295), Flattery's Appeal
(7 Nor. 27), and Shaffer v. Clark (9 Nor. 94).
Even the rule in equity, which has never been adopted in
common law practice, that where the answer is responsive to the
bill, and the evidence of only one person affirms what has been
so negatived, then the court will neither make a decree, nor send
it to a trial at law (2 Dan. Ch. 983*), would not be authority for
such a general rule; for, in equity, where the answer of the
defendant is not responsive to the bill, but sets up affirmative
allegations in opposition to, or in avoidance of, the plaintiff"*s
demand, and is replied to, the answer is of no avail in respect to
such allegations, and the defendant is as much bound to establish
the allegations so made by independent testimony as the plaintiff*
is to sustain his bill. Dan. Ch. 984 * note.
Assuming, then, that the defendant in a motion to open a judg-
ment is the actor, and that the burden of proof, in the first
instance, is on him, how does the case stand? He alleges that
there is included in this judgment five hundred and five dollars
which he never had, and that he has paid interest on this sum and
interest or fines on this interest. His testimony would make a
prima facie case of usury. The plaintiff* association answers, not
by denying these payments and the deduction of this premium,
but by the affirmative allegation that they were authorized by
the charter and properly chargeable, because the defendant signed
the agreement prescribed by article v. of the constitution. When
the issue is thus presented, it is plain to be seen that the burdei>
of proof that he did not sign the agreement is not on the defend-
ant, but is rather on the plaintiff" of showing that he did, and in
such an issue we therefore would not be justified in laying down
a general rule that the oath of the plaintiff" per se shall have
greater weight than that of the defendant. In the disposition of
this first question of fact, then, we are unassisted by the rules
laid down in Philbin v, Davenger and Kocher v. Rice [supra), and
it therefore becomes almost purely a question of credibility of the
witnesses, and this must go to a jury. We suggested that the
assignment of stock and receipt might furnish some corroboration
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246 Building Association v, Lyons.
for the plaintiff This would be so, provided their execution
were satisfactorily established, but even as to that fact there is a
conflict between Mr. Scanlon, the subscribing witness, and the
defendant, and before we could treat it as corroborative we would
have again to decide a fine question of credibility. It was urged
quite strenuously for the defendant that even conceding that he
signed the agreement, it was not shown that it was read or ex-
plained to him, and this raises the second question heretofore
suggested. We need not enlarge upon this question, but we
deem it proper to say that if the execution of the agreement were
established (and as to this question of fact we express no opinion,
as it must go to a jury), the simple fact that it was not read or
explained to him would not, under the circumstances of this
case, be sufficient to send an issue to a jury. It does not appear
affirmatively that the defendant cannot read, nor does it appear
that any misrepresentations were made to him of its contents,
nor does it appear that he asked to have it read; therefore,
assuming that he signed the agreement under the circumstances
detailed by the plaintifTs witness, the case would come within
the rule declared by Gibson, C. J., in Greenfield's Estate (2 H.
496): "If a party who can read will not read a deed put before
him for execution, or if being unable to read will not demand to
have it read or explained to him, he is guilty of supine negligence,
which, I take it, is not the subject of protection, cither at law or
in equity." This rule was followed in its fullest extent in Penn-
sylvania R. R. Co. V, Shay (i Nor. 198).
Ths rule is made absolute, and issue awarded, note to stand for
a declaration, and the execution theory to be taken as admitted,
the plea to be nil debit, payment, etc.
D. L. O'Neill, Esq., for plaintiff
Messrs. Bennett & Nichols, for defendant.
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SHERIFF'S SALES. 'defendant in tbesur&ceofall the lots in Pittston town-
Abstract of property to be sold by Wm. O'Malley, ship, described on Schlager & Tropp's map or plot of
Sheriff of Luzerne county, on Saturday, September 8, addition to the village of Heidleburs, and contained
A. D. 1883. at 10 o'clock A. M., at the Arbitration ' and designated in blocks Nos. 150 and 169 inclusive.
room, in the Court House, Wilkes-Barre, who willj a. The right, tide, and interest of the defendant in
p«t>ceed with the different properties in the order in the surface of all lots in blocks Nos. i, 10, and 19, and
-which they are numbered, to wit : lots Nos. a, 3, and a, in block No. 11, as designated
I and laid out on Charles Schlager's map or plot of the
Suitof Chas. Smith v. Hattie D. Geddis and Isabel ^' 1% jjo. f and a^n block No. i, are improved with
M. Geddis. ,^„ , »*. !* two-story frame dwelling house, frame bam, and
474 January term, 1879 Debt, re^ $180.16. PI. other outbuildings. 33-35
IL In. 71 October term, 1883. Foster, Att'y. 1 _ _ _ _
All thiat lot of land in the township of Exeter, begin-!
■"V* ^f**™*''i°""^**^,^**'**°*'^*?"*3U feet from |-» STATES TO BE AUDITED BY THE
* n *"S'*****^ "**l'j*^?r** ^ /**' <o * "5 fcetj Jti Orphans' Court of Luzerne county. Notice is
aUcy, thence alone said alley 100 feet to a corner. ' hereby given that accounts have been filed and con-
thence aoo feet to said Boston avenue, and thence along filmed Ssolutely by the court in the following estates :
the same 100 feet to the place of beginning, being lots ,. Cecelia B. Carey ; B. F. Carey, Administrator ;
54 and w on said Boston avenue, as laid down on map September 4 1883
^^^ . ' ^**5f**u ^^* Company; all imofovcd,! ,. Wm. Thompkins ; David T. Richards, Executor;
and haring erected thereon a two-story frame dwelling; September 4, 1883.
iww«- K-^ i,...K.« o,...K^ •«« «»». »K...M ^ ^ ^ Nicelv ; Elizabeth Nicely, Administratrix
boose, back kitchen attached, and other outbuildings.
Suit of George S. Mauser v. A. Donop.
aoi March term, x88a. Debt, real, $1,684.31. Fi.fa.
89 October term, 1883. Halsey, Att'y.
AU those lots in the borough of Freeland, viz. :
X. A lot beginnine 6a feet on Center street from cor-
September 5, 1883.
4. Catharine Smith ; Hendrick B. Wright, Execu-
tor; Septembers, 1883.
5. Lorenzo D. Flannigan; Emily Flannigan, Ad-
ministratrix : September 6, 1883.
6. Nathan Dodson; P. C. Wadsworth, Executor;
ner of Center and Chestnut streets, thence along Center j September 6, 1883.
street north 31 feet to a comer, thence east at right 7. Stewart Comelison ; Andrew Hunlock, Adminis-
angles to Center street 150 feet to a comer on an alley, trator ; September 7, 1883.
thence along said alley south 43 feet to a comer, thence j 8. Minerva Macartney ; S. C. Jayne, Administrator ;
at right angles to Center street west 50 feet, theticej September 7, 1883.
parallel with Center street north la feet to a comer, I 9 Mary A. J. Ruggles; Geo. W. Wagner, Execu-
theocc at rijzht angles to Center street 100 feet to be- tor; September 10, 1^3.
ginning; all improved, with a new wood bam and! <o- Mary Lawler; Patrick Lawler, Administrator ;
gnuiar^, 37 feet by 39 feet on ground, and 14 feet high ; > September 10, 1883.
excepting and reserving in firont along Center street 6 ii. B. F. Gardner; G. I. Newton, Administrator;
feet lor a side walk, and in rear 6 feet for an alley.
~ The following lou, situate as aforesaid, being
September 11, 1883.
la. John Gardner; Bessie Gardner, Administratrix ;
Nos. 34, 35, 36. 37, and 38, in square ** F," each lot September ti, i88^.
being 31 feet in width, and from lai to 134 feet in, 13. Reuben Seybert ; Stephen Hill, Administrator ;
IcBffth ; excepting and reserving 6 feet in front for side j September 12. 1883.
walk, and 6 feet in the rear for an alley. 14. James Mott ; D. K. Morss, Executor ; Septem-
3 ber 12, 1883.
Suitof Lydia Keithline v. Ellen Lutzey and Evan J*'^?*^*^.V,\''""TS*i *k** ****iP**!i '?^ ^^1
Stair I Above list will be audited by the court, in the Court
100* October term, 1878. Debt^ real, $400. Fi. fa ! *i*»"**' '» *^« Orphans' Court room.during the session
84 October term. 1883. C. fe. Jack^ Att'y. of court on the days set forth opposite the name of each
AU that lot of land in Dorrance township^ ^nning f?«f *«' »» *^^i^»» *^°1* »*» penonsnterwted shall attend
at a comer of kind now or formcriy of J. 6. Wennie?"^ *«y »«! ^^' and present their daims against said
estate and comer of Conrad Sieiie, thence 15 g- loi «***«• ^^^^T""!; '***'**^*^ *** ******"*^ '~"* '^"'"*
perches to a comer in line of land of G. H. Hock, '" "P°" ***** '""**•
thence by same 83 H perohes to a comer of land of C. I
Schlicher, thence by same and Enos Hontz's land 60
perches to a comer, thence by Hontz's 4 perches to a
comer, thence 3154 perohes to a comer in line of said
Wennier esute, thence 8354 perches to place of begin-
ning, containing 39 acres and 67 perohes, more or less ;
00 which are erected a fr«me dwelling house, bam,
and outbuildings ; good orchard on premises, and well
watered. Excepting and reserving out of the same a
piece of land now the property of J. C. Thomas, con-
taining 16,900 feet of land. Reserving, also, a piece
of land now or late the property of Alexander Stein,
same being about lao feet square, situate on north side
of public road leading from C. Schllcher's store, form-
erly a part of the first described.
4
Suit of Peter Forve v. C. Kcm.
1153 November term, 1876. Debt,lA47.37. Lev.&.
S9 October term, 1883. Kicketts, Att'y.
A lot of ground on the northwest side of Main street,
in the city of Wilkes-Barre, upon which is erected a
two-storv bnck building, ai 54 feet in length and ai>4
feet in width, with a one-story frame back building, a6
feet in length by 16 feet in depth.
S
Suit of George C. C. Kaiser v. H. E. Klein.
50 April term, 1881. Debt, real, Si4,aoo. Fi. fe.
33 October term, i88-a. Willard, Att'y.
I. AU the undivided seven-eighths interest of^the
I
33-35
JOSEPH HENDLER,
Clerk O. C.
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concemed,
that widows' appraisements in the following estates
have been approved nisi by the Orphans' Court of
Luzerne county, and, unless exceptions are filed, will
be presented for final approval on Monday, the 3d
day of September, 1883 :
John Briggs, George Brown, John Simmer, Samuel
Ball let, Thomas C. Harkness, Samuel Yinsst, A. C.
Richard, George H. Hoch, and Andrew Benes,dec'd.
JOSEPH HENDLER.
33-35 Clerk O. C.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. ^yi, May term, 1883. Libel in divorce a vinculo
matrimonii. Lavina Jones, by her next friend, Frank
Craig, V. Joseph S. Jones. Tne alias subpoena in the
above case having been retumed non est inventus, you,
the said Joseph S. Tones, are hereby notified to appear
at said court, on Nlonday, the 1st of October, 1883, at
10 o'clock A.M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
W. H. HINES, Sheriff.
Solicitor. 33-36
75
Digitized by VjjOOQIC
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, September 7, 1883. No. 36.
Cotirt of (fiittarter SessionB of Cuj^nu fiounts.
Overseers of Huntington v. Overseers of Fairmount.
Poor—Ordtr qfrtwuval—Evidenct.
I. The vacation of an order of removal on appeal is only conclusive as between the two poor districu
which are parties to the appeal.
«. Service alone, without hiring, will not gain a settlement ; but to constitute a hiring it is not neces-
sary that the consideration should be paid in money ; an express agreement that the pauper
should receive his victuals and clothes for his labor constitutes a hiring by which a settlement
may be gained.
3. It seems that mere admissions or declarations by the parties after the termination of the service
are not competent evidence to show a hiring in order to establish the legal settloment of a pauper.
4. But declarations of the parties made during the continuance of the service are admitted for the
purpose of illustrating the character of the service, whether gratuitous or otherwise.
5. Up to about 1850 B. had a settlement in Huntington by payment of taxes, when he sold his land
and moved to Fairmount, where he acquired a settlement by a hiring. In 1856-7 he removed to
Ross, where he continued in service by hiring until 1874, thus acquiring a settlement in Ross.
From the last named township he removed to Fairmount, where he contuiued without hiring
until he was declared a pauper. The overseers of Fairmount issued an order of removal to
Huntington, from which the latter appealed : Htld^ that the order must be vacated.
Appeal of the overseers of Huntington township from an order
of removal issued upon complaint of the overseers of Fairmount
township.
The opinion of the court was deli^^ered June 19, 1882, by
Rice, P.J. — In September, 1880, when Benjamin Bonham was
declared a pauper, he lived with the family of Henderson Monroe,
in the township of Fairmount. In the following February, pur-
suant to an order of removal issued upon complaint of the over-
seers of Fairmount, he was removed to the township of Hunt-
ington. The latter township has appealed from this order. No
objection was made on the argument to the regularity of the
Digitized by VjjOOQIC
276 Huntington v. Fairmount.
proceedings; therefore, the only question before us is, whether,
under the evidence now before us, the alleged pauper was last
legally settled in the township of Huntington. The material
facts are found by us to be substantially as follows:
I. Benjamin Bonham is now nearly seventy-nine years old.
He was born in the State of New Jersey, and in early infancy
came with his parents to the township of Huntington, where
they both continued to reside until their death. He occupied
the house in which his father and mother lived and died for sev-
eral years after their death, and at one time, either through his
father or his brother, inherited an interest in the premises. He
also voted in the township for many years, and never voted else-
where. It is shown that in the years 1850 and 185 1 he was
assessed as the owner of one cow, and in the years 1852, 1853,
1854, and 1857 was assessed as a single man. He testifies, and
is not contradicted in this particular, that he paid taxes while he
was a resident of the township, but whether he paid taxes levied
in pursuance of the above assessments or not does not appear.
About the year 1850, although the year is not certain, he
removed from the township of Huntington, and it does not
appear that, after his removal, he occupied the premises in that
township again for any length of time, or that he voted or paid
taxes in the township thereafter. About this time, as nearly as
we can ascertain from the parol testimony, which is somewhat
vague, he sofd his interest in the Huntington premises for forty
dollars.
II. Upon leaving Huntington, at about the time above indi-
cated, he went to the township of Fairmount, and for two or
three years lived with Joseph Bonham, a relative. No evidence
is produced to show that during this period he acquired a settle-
ment in the last named township.
III. From Joseph Bonham's he went to live with one John
Meixell, in the same township, under an agreement to. work for
his victuals and clothes. The facts in relation to this period may
be best stated by quoting the evidence of Robert Meixell, a son
of John Meixell. " He lived with my father about three years.
He helped him work a little occasionally when he was a mind
to. He hunted some; had a dog and gun of his own. I know
Digitized by VjjOOQIC
Huntington v. Fairmount. 277
what the agreement was when he came from Bonham*s to my
father's. He came there saying he had been turned out of house
and home, and wanted a place to stop. My father said he could
not hire a man, but if Bonham wanted to work for his victuals
and clothes he could do so. He stayed all night. Next day he
went away, and returned that same day or the next. He had
some shirts tied up in a bundle. He went to work there. He
stayed there about three years. Left in March or April, 1856.
. . . My father gave him his victuals and clothes for the three
or four years that he was there." As to the character of service
rendered, Mr. Bonham says: "I did not do much of anything
there. Cut a little wood ; helped to thresh a little. They did
not pay me anything, but got me a pair of boots. They boarded
me and did my washing. Can't say whether they got my clothes.
Was not sick while there. I was around helping the old man
do one thing and another on the farm. Got no money. They
did not promise me any. Stayed at Meixell's a little over two
years." Our conclusions upon the effect of this testimony as
establishing a legal settlement in Fairmount township will be
stated hereafter.
IV. Upon leaving John Meixell's, Bonham returned to Hunt-
ington, and for a few months lived with John Seeley in the house
of which he had formerly been part owner.
V. From there he went to live with Benjamin Vanhorn, a
nephew, in Ross township. This was in 1856 or 1857. He
continued to live with him until 1874. The weight of the testi-
mony shows that during this period he was able to work, and
did work for Mr. Vanhorn upon his farm and in clearing up the
land. Occasionally he would go away for two or three weeks at
a time, but had no other residence. Mrs. Vanhorn testifies that
they ordered him to leave some years before 1874. The only
evidence as to the terms upon which he lived at the Vanhorns is
the testimony as to the declarations of Bonham and the Vanhorns
during the period he was there. If this evidence is competent,
it would seem to show that the agreement between them was
that he should work for his board and clothes. This evidence is
corroborated to some extent by the evidence that they did, at
different times, buy clothing for him.
Digitized by VjjOOQIC
278 Huntington v, Faikmount.
1
VI. From the year 1874, when Bonham left Mr. Vanhorn's,
until February 16, 188 1, when the order of removal issued, he
lived with Henderson Monroe, in Fairmount township. An
order of relief had issued in the previous September, after which
time, until his removal, he was supported at Mr. Monroe's by the
poor district. During this whole period there was no contract
of hiring, either express or to be implied. So far as the evidence
shows, the work he did, and the support Monroe gave him, were
gratuitous. This is shown by the testimony of Mr. Monroe,
which is not contradicted. He says: "He coaxed us to take
him. I never paid him any money during the time he was with
us. I took him out of charity. During the time he was there
we got him a few clothes, and my woman" (a neice of Bonham),
got him a coat and some other things by going around among
the friends. When he came to our house there was no time set
for him to stay. He was simply to stay there awhile. He was
not there as a visitor. He did chores around, and when he was
a mind to work he worked a little. The clothing he got we gave
him as a present. . . Vanhorn threatened to throw Bonham
on the town. He did not want to go there, and came to our
house to have us keep him. We took him. We had promises
of help to take care of him. His brother's sons in Canada
promised to help us, but never did."
Our conclusions from these facts are as follows:
1st. Benjamin Bonham had originally an undoubted legal set-
tlement in Huntington township. But the statute authorizes the
removal of a pauper ** to the district or place where he was last
legally settled." Act of June 13. 1836, P. L. 546, P. D. 11 56,
//. 18. Therefore, notwithstanding this fact, if he subsequently
gained a legal settlement in Ross or Fairmount, it becomes ap-
parent that in either case Huntington is not the place or district
where he was last legally settled, and the order of removal will
have to be vacated. The vacation of the order of removal is
only conclusive as between these two townships. In case it is
vacated, it will then be the duty of the appellees to 'take charge of
the pauper until they find his place of last legal settlement.
West Buffalo v. Walker Township, 8 Barr, 177; Moreland v,
Davidson, 21 Sm. 371.
Digitized by VjjOOQIC
Huntington v, Fairmount. 279
•
2d. A settlement may be gained in any district by any unmar-
ried person who shall be lawfully bound or hired as a servant
within such district, and shall continue in such service during one
whole year. Sec. 9, Act of June 13, 1836, P. L. 542, P. D. 1155,
pL 10. Service alone, without hiring, will not gain a settlement.
Where a pauper is taken in by his relatives, without contract or
agreement of any kind, although he does some work, and is
given his victuals and clothes by such relatives, he will not
thereby gain a settlement. Mere taking one in charity will not
gain a settlement, and the evidence as to the terms upon which
the alleged pauper lived at Henderson Monroe's proves nothing
more. Lewistown v, Granville, 5 Barr, 283. We conclude^
therefore, that no settlement was gained in Fairmount township
during this period.
3d. The distinction between the service at Henderson Monroe's
and that at John Meixell's is apparent. In the former case there
was no contract of hiring, express or implied, while in the latter
case there was an express agreement that the pauper should
receive his victuals and clothes for his labor. This constituted
a contract, for the breach of which the servant might have had
his remedy by action. It was expressly decided in Briar Creek
Township v. Mount Pleasant Township (8 W. 431) that service
rendered under such a contract was suflRcient to gain a settle-
^ment. It was there said: "To constitute a hiring it is not neces-
sary that the consideration should be paid in money; it is suffi-
cient if other valuable commodities are to be paid." The service
at Mr. Meixell's, under this arrangement, having continued for
more than a year, we feel bound to conclude that a settlement
was thereby gained in Fairmount township after Bonham had
abandoned his domicile in Huntington.
4th. As we have already suggested, we cannot conclusively
decide in this proceeding whether or not there was a subsequent
settlement gained in Ross township. It is, nevertheless, perfectly
relevant to inquire whether, as between the parties to this appeal,
and on the evidence now presented, such was the fact. "Our
law seems to consider service alone as a meritorious cause, and
to require that there should have been a contract for it, only as a
proof that it was valuable, and distinguishable, in that respect.
Digitized by VjjOOQIC
28o Huntington v. Fairmount.
•
from those feeble and trifling acts which are sometimes performed
in requital of a gratuitous maintepance; in other words, to show
that, instead of having been a benefit to the township, as a pro-
ducer, the pauper had been a burthen to it, as a consumer, from
the beginning." Heidelberg v. Lynn. 5 Wh. 433. If the value
of the services rendered were the only test, we should have no
hesitation in concluding from the testimony that the settlement
alleged to have been gained in Ross township was more merito-
rious than that gained in Fairmount. It is true that Mr. Vanhom
was a nephew, but he was under no legal obligation to contribute
to Bonham's support. Further, the latter was well able to work,
and was by no means an object of charity. The period at Van-
horn's extended over a large number of years, from 1856 or 1857
to 1874, and while it appears that Bonham was indolent, and was
away at times, yet these periods were inconsiderable in length,
and not sufficient to break the continuity of the service, and the
work that he did was of a substantial and valuable character.
These circumstances go very far to rebut the inference that the
service was gratuitous. But, it must be conceded, the law
requires proof of a hiring, in which is implied a contract, and the
question arises whether this may be shown by the admissions of
the parties thereto. It seems to be decided that such mere ad-
missions or declarations, made after the termination of the service,
would not be competent. West Buffalo v. Walker, 7 W. 171.
But it is a general principle that declarations which are the imme-
diate accompaniments of an act are admissible as part of the res
gestae; and so the declarations of the parties, made during the
time when one has been in the service of the other, have been
admitted for the purpose of illustrating the character of the
service, whether gratuitous or otherwise. Tioga v. Lawrence, 2
W. 43 ; Moreland v, Davidson, 21 Sm. 371. It would seem, from
these cases, that the testimony of Mr. Harvey and of Mr. Monroe
as to the declarations of the parties during the time Bonham was
at Vanhorn's, taken together with the other acts of the parties,
would be admissible to rebut any inference that the service was
gratuitous, and thus to show that there was an actual hiring. It
is suggested that no settlement was gained because the Vanhorns
ordered Bonham away. This is not conclusive, as was expressly
Digitized by VjjOOQIC
Schmaltz v. Whitley. 281
decided on a similar state of facts in the case of Briar Creek v.
Mount Pleasant (8 W. 431). Mr. Justice Sergeant says: "The
hiring virtually endured for three years, notwithstanding the
occasional orders to go. . . The hiring, in the first instance,
may be indefinite — at the will of the parties; and if neither deter-
mine his will, but both continue the hiring, and act under it for a
year, the letter and spirit of the act are complied with." We,
therefore, conclude that upon the evidence here presented, and as
between the parties to this appeal, the said Benjamin Bonham
was last legally settled in the township of Ross. It follows that
the order of removal must be vacated.
And now, June 19, 1882, the order of removal is vacated and
discharged at the costs of the appellees.
C. D. Foster, Esq., for appeal.
E. S. Osborne, Esq., contra.
dourt of Common |JUa0 of Cujernc (lotmtg.
Schmaltz v, Whitley.
Vendor and vtndee — Equitable tyechnent — New trial.
I. Where a vendor, after having received part of the purchase money, retakes possession of the
land, without the consent of the vendee, and uses it, he is chargeable with the rents, issues, and
profits so long as he holds and uses the same, to be applied to satisfy any balance of purchase
money that may be due and unpaid, and he will not be allowed to give evidence of the value of
the improvements made by him while in possession, which were not necessary to the occupation
and profitable enjoyment of the land.
3. Where the amount awarded by a jury is excessive, the court may annex a condition that the
excess be remitted to its refiisal of a new trial.
Rule for new trial.
The opinion of the court was delivered April 23, 1883, by
Rice, P. J. — We have carefully examined the evidence fur-
nished by the depositions, as well as our own notes taken on the
trial, and are satisfied that the testimony of Thomas Bartleson
would not have changed the result. In only one particular can
we say that the verdict was erroneous. It was decided in WykoflT
V, Wykoff (3 W. & S. 481) that where a vendor, after having
Digitized by VjjOOQIC
282 Schmaltz z/. Whitley.
received part of the purchase money, retakes possession of the
land, without the consent of the vendee, and uses it, he is charge-
able with the rents, issues, and profits so long as he holds and
uses the same, to be applied to satisfy any balance of purchase
money that may be due and unpaid, and that he will not be
allowed to give evidence of the value of the improvements made
by him while in possession, which were not necessary to the
occupation and profitable enjoyment of the land. The plaintiff
concedes that we committed no error in rejecting evidence as to
the improvements made by him after he had retaken possession.
It is pretty evident, however, from all the testimony that the jury
must have made some allowance on this account, and it also
appears from the statement which they expressly refer to, and
attempted to make part of their verdict, that seventy-five dollars
were allowed on this account. This statement cannot, of course,
be received to impeach their verdict, and we should give it no
consideration did not the evidence satisfy us that the jury must
either have erred in deciding as to the rental value of the prem-
ises and the amount of timber cut, or in making allowance to the
plaintiff for the value of the improvements, which they must have
guessed at. This can be cured by remitting the excess.
And now, April 23, 1883, upon condition that the plaintiff,
within fifteen days from this date, remits seventy-five dollars of
the verdict, the rule is ordered to be discharged; otherwise rule
absolute.
• Hon. G. M. Harding and Gustav Hahn, Esq., for plaintiff.
E. Robinson and S. S. Winchester, Esqs., for defendant.
Man is very much like an egg — keep him in hot water and he
is bound to become hardened.
" No," said a Philadelphia belle, " no electric light for me. It
can't be turned down low enough."
Digitized by VjjOOQIC
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NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Jos. Saltzberg,
and that said license will be asked for in the court
aforesaid on Monday, the 17th of September, 1883, at
10 o'clock A. M.
A. R. BRUNDAGE,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
David Mendlesohn, and that said license will be asked
for in the court aforesaid on Monday, the 17th day of
September, 1883, at 10 o'clock A. M.
A. R. BRUNDAGE,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Lewis Amolskey, and that said license will be asked
for in the court aforesaid on Monday, the 17th day of
September, 1883, at xo o'clock A. M.
A. R. bRUNDAGE,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the omce of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Abram Jacobs, and that said license will be asked for
in the court aforesaid on Monday, the zTth of Septem-
ber, 1883, at 10 o'clock A. M.
A. R. BRUNDAGE,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Jacob Gerhart, and that said license will be asked for
in the court aforesaid on Monday, the X7th ot Septem-
ber, 1883, at 10 o'clock A. M.
A. R. BRUNDAGE,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office ot the Clerk of
the Court of Quarter Sessions of Luzerne county by
Israel Mendleson, and that said license will be asked
for in the court aforesaid on Monday, the 17th day of
September, 1883, at 10 o'clock A. M.
P. H. CAMPBELL,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by S.
Bloch, and that said license will be asked for in the
court aforesaid on Monday, the X7th of September,
1883, at 10 o'clock A. M.
S. J. STRAUSS,
35-36 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the onice of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Joseph Ellowitch, and that said license will be asked
lor in the court aforesaid on Monday, the 17th day of
September, 1883, at 10 o'clock A. M.
S. J. STRAUSS,
35-36 Solicitor.
77
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NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Solomon Gerstein, and that said license will be asked
for in the court aforesaid on Monday, the 17th day of
September, 1883, at 10 o'clock A. M.
S. J. STRAUSS,
35-36 Solicitor.
1^ application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Jos. Silverman,
and that said license will be asked for in the court
aforesaid on Monday, the 17th day of September, 1883,
at 10 o'clock A. M.
S. J. STRAUSS.
35-36 Solicitor.
L^ application for a licen.se to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Louis I. Fisher,
and that said license will be asked for in the court
aforesaid on Monday, the X7th day of September, 1883,
at 10 o'clock A. M. .
D. L. O'NEILL.
36-37 Solicijor.
ORPHANS' COURT SALE.
Estate of Frederick Boddin, dec'd. 67 Tirttte
of an order of the Orphans' Court of Luzerne county,
there will be exposed to public sale, at the law office
of C. W. Kline, in the borough of Hazteton, on Satur-
day, the aoih day of September, 1883, at 10 o'clock
A.M., all the undivided five-thirteenths interest in thai
lot of ground on the north side of Washington avenue,
in the town of West Hazleton, township of Hazic, be-
ginning at a point on the south side of Washisnrton
avenue 16^ feet from a stake (comer of lands of Kos-
enstock et al.), thence on and along Washington ave-
nue x^ feet, thence by line at right angles with said
Washington avenue 40 feet, thence by line paralld to
said Wa.shington avenue 150 feet, thence 40 feet to the
place of beginning; improved by a bone mill.
Terms op Salb— |3oo cash on day of sale, and bal-
ance of purchase money on confirmation of sale and
delivery of deed.
ANNA MARIA BODDIN.
C. W. KLINE, Execatnx
Attorney. 3^38
j^^ application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne counryr by Aaron Rosen-
thal, and that said license will be asked for in the court
aforesaid on Monday, the iTih day of September, 1883,
at xo o'clock A. M.
D. L. O'NEILL,
36-37 Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. sl4, May term, 1883. Libel in divorce a vinculo
matrimonii. Lavina Jones, by her next friend, Frank
Craig, V. Joseph S. Jones. The alias subpoena in the
above case having been returned non est inventus, you,
the said Joseph S. Tones, are hereby notified to appear
at said court, on Monday, the ist of October, 1883, at
10 o'clock A.M., to answer the complaint therein filed.
WILLIAM O'MALLEY
W. H. HINES. Sheriff.
Solicitor.
ORPHANS' COURT SALE.
Estate of Ross C. Sutliff, deceased. By virtue
of an order of the Orphans' Court of Luzerne oooaty.
1 will expose to public sale, on the premises, on Sator-
day, September 29th. X883, at 2 o'clock P. M., the fol-
lowing real estate in the township of Huntington, be-
ginning at a comer in line of A. S. McDanieb. thence
24 percnes to a comer, thence by balance of the tiaa
of which this is a part 80 perches to a line of land now
occupied by John Killian, thence alon^ said line 24
percnes to a comer, thence by lands of William Killiai
80 perches to the place of beginning, containing iz
acres of land, strict measure; all improved, with a
two-story frame house and bam thereon, both in good
condition ; aUo. well of good water.
Terms of S/Clk— Jioo down on the day of sale, ©Be-
half of the balance on the confirmation of the sale abso-
lutely, and the remaining one-half in six months froa
day of sale ; deferred payments to be secured by bond
and mortgage on the premises, with interest.
A. R. PENNINGTON.
I. P. HAND, Administrator.
Attorney. 3^^
ORPHANS' COURT SALE.
Estate of David Gordon, dec'd
By virtue of an order of the Orphans' Court of Luzerne
county, the undersigned will expose to public sale, at
the front door of the dwelling house on the premises,
on Friday, the 28th day of^September, X883, at one
o'clock P. M., the following real estate :
I. All that tract of land in the township of Lehman
containing about 57 acres, now or late occupied by S
A. Edwards; all improved, with one iJ4-story frame
house, one 2-story frame house, a frame barn, and a
small blacksmith nhop thereon.
ESTATE OF MICHAEL NALLON, LATE OF
Pittston. deceased,
g Letters testamentary upon the above named estate
^^'^ I having been granted to the undersigned, all pcrs<»s
having claims against the same will present them far
T T> .-.• payment, and those indebted thereto will please make
In Patition. 'P;;>;^^^jj^^^ payment to
MARTIN GERIGHTY,
MICHAEL TOOLE,
D. S. KOON, Executors.
Attorney. ii-¥>
ESTATE OF THOMAS LYNN, LATE OF
Pittston, deceased.
Letters testamentary upon the above named estate
. having been granted to the undersigned, all P*'**"*
Also, another tract of land in Lehman township, 'having claims against the same will present them for
being a part of lot No. 33, certified Bedford, beginning! payment, and those indebted thereto will please make
at a comer between lots Nos. 32 and 33, thence in the immediate payment to
line of lake township 100 perches to lot No. 34. thence I
80 8-10 perches to a corner, thence 100 perches to a! p. C. MOSIER,
maple, thence 80 8-10 perches by lot No. 32 to the * Attorney,
place of beginning, containing 50 acres, more or less.
The said two tracts constitute one farm, a plot there-
of being attached to return of inquest for partition,
recorded in Partition and Sales Docket No. 4, p. 405
Tkrms of Salh — 25 per cent cash on day of sale, 25
MICHAEL BOLIN.
Executor.
35MO
ESTATE OF PATRICK BURKE,
Jenkins township, deceased.
LATE OF
_^ ^ , , _^ Letters testamentary' upon the above named estate
percent on confirmation of sale, 25 per cent six months having been granted to the underpigned, all P****^
from day of sale, and the balance one year from day having claim.« against the same will present them for
•f sale; the deferred payments to be secured by bond payment, and those indebted thereto will plr-"- ■"■"
and mortgage on the premises, and to draw interest immediate payment to
emake
from day of sale
GEO. K. POWELL,
Attorney.
78
H. B. PAYNE,
Trustee.
36-38
^AMES O'DONNELL.
SlICHAEL T. HOBAN.
J. T. LENAHAN, Executors.
Actoraey. ^-34
I
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ESTATE OF MARY CULVER, LATE OF THEI
township of Ross, deceased. |
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ELISHA CULVER,
DORRANCE & PRICE, Administrator.
Attorneys. 34-39
ESTATE OF PETER COLL, LATE OF THE
township of Hazle, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
lor payment, and those indebted thereto will please
make immeaiate payment to
DANIEL O'DONNELL,
B. McMANUS, Administrator.
Attorney. 34-39
ESTATE OF MATTHEW LARNER, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN A. COLLIER,
JOHN T. LENAHA"N, Administrator.
Attorney. 35-40
ESTATE OF ELIZABETH BULKELV. LATE
of Wilkes- Barre. deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mabe
immediate payment to
S.J
JONATHAN E. BULKELV,
STRAUSS,
Attorney.
Executor.
35-40
ESTATE OF Dr. JOHN S. PFOUTS, LATE OF
Wilkes- Barre. deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
ELIZABETH D. PFOUTS,
E. G BUTLER. Administratrix.
Attorney. 34-39
ESTATE OF HIRAM ROSENCRANS, LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARY ROSENCRANS,
C. W. KLINE, Executrix.
Attorney. 34-39
ESTATE OF HENRY KOEPER, LATE OF
Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
CATHARINE KOEPER,
35-40 Executrix.
ESTATE OF DAVID MACKOWN. LATE OF
West Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY E. MACKOWN,
35-40 Administratrix.
N'
OTICE IS HEREBY GIVEN THAT AN
_ application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved April 90, 1874,
and the supplements thereto, on Monday, October ist.
1883, at 10 o* clock A.M.. for the charter of an intended
corporation, to be called •• The Second Welsh Congre-
gational Church of Wilkes-Barre," the character and
objects of which are the worship of God according to
the foith and discipline of the (Congregational Church
in the United Sutes of America.
GARRICK M. HARDING,
JOHN McGAHREN,
36-38 Solicitors.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Pleas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Act
to provide for the incorporation and r^;ulation of cer-
tain corporations," approved April 39, 1874, and the
supplements thereto, on Monday, September 17, 1883.
at XX o'clock A.M., for the incorporation of an intended
corporation, to be called " 1 he Hazleton Liberty Cor-
net Band," the character and object whereof is social
enjoyment and the culture of instrumental music, and
for these purposes to have, possess, and enjoy all the
rights, benefits, and privileges conferred by said Act
of Assembly and its supplements.
C. W KLINE,
35-37 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Assem-
bly, entitled "An Act to provide for the incorporation
ancl regulation of certain corporations," approved a9th
April, 1874, and the supplements thereto, for the incor-
poration of^ an intended corporation, to be called the
*' Shickshinny Water Company," the character and
objects of which are to provide for the supply of water
to the public, and for holding lands by lease or other-
wise necessary for the construction of the water woiks.
GEO. W. SEARCH.
JESSE BEADLE.
I. P. HAND,
Solicitor. 36-38
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The Luzerne Legal Register.
Vol. XII. '-Friday, September 14, 1883. No. 37.
Supreme (Eourt of Pennsplmnia.
Shupp et al, v. Gaylord.
1 . A bequest of a sum to be paid to the legatee annually for life out of the rents accruing under a
lease named in the will, " if they fail not," does not authorixe an executor to reserve or accumu-
late anything from the receipts of money in one year to pay the annuity of the next.
2. Such a legacy, however, will not be construed to be confined to the actual lease mentioned, unless
that is the testator's plain intention. There being an evident desire to provide for the legatee
for life, and no sp>ecial reason for restricting her annuity to a fund received firom a particular
P€rson,\\ie. language must be understood to indicate the /r(7>rr/jf as the source of income, rather
than the identical contract then in force.
Error to the Court of Common Pleas of Luzerne county.
[For opinion of court below, see i Kulp, 415; 10 Luz. Leg. Keg. 205.]
The opinion of the court was delivered May 25, 1883, by
Sterrett, J. — The questions involved in the case stated have
been so elaborately discussed by the learned president of the
Common Pleas that it is unnecessary for us to do more than
affirm the judgment for the reasons so clearly and forcibly pre-
sented in his opinion.
In the language of the te.stator, the additional bequest of ** five
hundred dollars a year" to his wife x?^ **to be paid to her yearly,
in each and every year during her natural life, . . out of the
rents accruing under and from the lease of coal to the Wilkes-
Barre Coal and Iron Company, if the said rents fail not to be
paid; the same to depend upon the payment of rents under said
lease sufficient at least to pay the legacies herein charged thereon,
and not to be paid out of or charged on any other part of my
estate." The coal referred to was then leased for a term of years
ending January 1, 1914. The product of that coal property, in
the shape of annually accruing rents, was manifestly the fund out
of which the testator intended the annuity to be paid, and upon
which, exclusively and in relief of every other part of his estate,
it is by nece.ssary implication charged. The then existing lease
and the name of the lessee are mentioned merely as descriptive
of the property whence the income was to be derived with which
the annuity charged thereon should be paid; or, in the language
Digitized by VjjOOQIC
284 Church's Appeal.
of the court below, **the lease of coal to the Wilkes- Barre Coal
and Iron Company" must be regarded, not as in itself the object
of the charge, but as descriptive only of the source from which
the rents were to issue upon which the legacy was charged. The
only contingencies in which the testator appears to have contem-
plated even a temporary suspension or cessation of the annuity,
or any part thereof, are the failure of rents or income from that
particular property, or such decrease in the amount of income as
would render it insufficient to pay the legacies charged thereon.
But, as has already been suggested, the reasons given in support
of the judgment are entirely satisfactory, and need not be repeated.
Judgment affirmed.
Messrs. E. P. & J. V. Darling, and A. T. McClintock, Esq., for
plaintiffs in error.
Geo. K. Powell, Esq., for defendant in error.
Supreme dTourt of IjJennsgbania.
Church's Appeal.
1. The court below in«y amend its record after a certiorari has issued to remove it to the Supreme
Coun.
2. When an attachment would lie against a party for non-performance of a decree in equity, ii i*
also the proper remedy to enforce the payment of the costs. In such a case it is not in contra-
vention of the act of July la, 1842. t
Appeal from decree of the Common Pleas of Luzerne county.
A bill was filed against Charlotte Church and Joseph Church,
her husband, to have the former declared a trustee as to certain
land. The husband had no interest. A decree was entered in
favor of the plaintiffs, with costs, from which an appeal to the
Supreme Court was taken by the defendants. After the certiorari
had gone out, and before the return day, the decree was amended
by the court below, and, being certified in this shape, was affirmed
by the Supreme Court. The record was in due time remitted to
the Common Pleas, and, about a year after, the costs not being
paid, an order for an attachment for contempt was duly made
against Joseph Church. His wife had died some time previously.
This order was the subject of the assignment of error.
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Church's Appeal. 285
A. Ricketts, Esq., for the appellant, argued that the award of
the attachment was an error:
1st. Because there was no valid decree in the case when it
came before the Supreme Court. At the time of the issuing of
the certiorari, the original decree was upon the record, but was
vacated immediately after upon the motion of the plaintiffs them-
selves. The second decree could not properly be reviewed, for
the reason that it was void, being entered after the removal of the
record. 3 Bouv. Inst. 3366; Gardiner v. Murray, 4 Yeates, 560;
Cox V, Henry, 12 Casey, 445; Martzinger v. Smith, 9 W. N. C.
274; Light's Appeal, 10 Harris. 449; Hallowell's Appeal, 8 Id.
215; Buckingham v, McLean, 13 How. 150.
2d. Because the process for the collection of money simply is
fixed by rule Ixxxiii. of the equity rules to be "by a writ of exe-
cution in the form used in the same court in suits at common
law in actions of debt or assumpsit^ The act of July 12, 1842,
(P. L. 339) forbids impri.sonment for the collection of money.
Costs are a matter ex contractu. Lane v. Baker, 2 Gr. 424. The
proper proceeding would be by a writ oi fieri facias. Scott v.
Jailer, I Gr. 237.
I. P. Hand, E.sq., and Messrs. Palmer, Dewitt & Fuller, for the
appellee, argued :
1st. That the court below had a right to amend its record after
the certiorari was issued. Shamburgh v. Noble, 30 P. F. S. 158;
Berryhill v. Wells, 5 Binn. 60; Short v. Coflfin, 5 Burrow, 2730;
Burrows v. Heyshum, 1 Dall.'i33; Spackman v. Byers, 6 S. & R.
385; Wampler v. Shissler, I W. & S. 370.
2d. The attachment was issued to compel obedience to an
order of the court, not to collect a debt arising out of a contract,
and is therefore within the e.xception of the act of 1842. The
case of Scolt v. Jailer (i Gr. 237) is not an authority. Chew's
Appeal, 8 Wr. 252; Beidler v. Howell, 8 Phila. 273.
The opinion of the court was delivered May 7, 1883, by
Trunkky, J. — From the final decree the respondents appealed,
and filed the certiorari in the Court of Common Pleas on March
10, 1877. Afterwards, and before the return day of the writ, said
decree was amended in the court below, and the record, setting
forth the decree as amended, was certified and returned. That
is the decree which was affirmed and remitted for enforcement.
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286 Church's Appeal,
and whether there had been irregularities in the procedure for
the amendment is a matter of no concern in tbc execution. The
alleged irregularities were prior to the final hearing and adjudi-
cation in the appellate court, and if it be conceded that the court
below erred in making the amendment, the time for its correction
was at or before that hearing. The decree, as affirmed, is valid
until vacated by the court.
The bill was again.st Joseph Church and Charlotte, his wife,
for a decree that they convey to the plaintiffs certain undivided
interests in a tract of land, in accordance with an alleged trust
created before and at the time the legal title to the land was
ve.sted in the said Charlotte. Joseph Church was a necessary
party and it appears that he was an active party in contesting
the plaintiffs' demand. The result was a decree that Charlotte
Church held the legal title to the land; that the defendants should
convey said interests to the equitable owners thereof, and that the
defendants pay the costs.
The act of 1842 provides that no person shall be arrested or
imprisoned on any civil process issued in any proceeding for the
recovery of money due upon a judgment or decree founded upon
contract, or due upon any contract, or for the recovery of dam-
ages for the non-performance of a contract. This suit was not
for the recovery of money, but for the enforcement of a trust, and
therefore without the statute. It may be that the trust grew out
of a contract, and that the suit was akin to a proceeding for
specific performance, yet it is not w^ithin the spirit of the statute,
for breeches of duty by trustees are excepted out of its operation.
Chew's Appeal, 44 Pa. St. Rep. 247.
Where the decree against a party is founded upon his tort, or
upon his breach of duty as a trustee, the costs imposed upon
him follow his wrongful acts. In an action for recovery of money
founded upon a contract, the costs are of the same nature, and
the defendant is not liable to arrest for either debt or costs.
Pierce v, Scott, 40 Leg Intel. 320. Hut where the party is liable
to arrest to enforce the payment of money, or the performance
of a specific thing, he is, also, for the costs taxed against him in
the judgment or decree.
The order awarding an attachment is affirmed, and appeal dis-
missed at the costs of appellant.
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SHERIFFS SALES.
Abstract uf property to be sold by Wm. O'Mallev
Sheriflf of Luzerne county, on Saturday, October 6tn,
A. D. 1883. at 10 o'clock A. M.. at the Arbitration
room, in the Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are numbered, to wit :
X
Suit of the Wyoming Building and Loan Association
of the Borough of Willces-Barre, No. 2. v. Peter Wal-
lace and Phoebe Wallace, Administrators of Hannah
Maria Wallace, deceased.
89 November term. i88a. Debt, ^7W». Al. lev. fa.
115 October term, 1883. Butler, Att'y.
All that lot in the city of Wilkes-Barre, beginning
at a stone comer on Wood street, thence running back
northeast along the line of Sanford E. Parsons 110 feet
to a corner, thence along the line of Abraham Merrick
and M. Woods southwest 40 feet to a comer, thence
along the line of William E. Hoover northwest no feet
to a comer on Wood street, thence along Wood street
45 feet to the place of beginning, containing about 5,275
square feet of land; improved, with a large 2 ^-storied
dwelling house, bam, and other outbuilding, and fruit
trees thereon, and an alley leading to the bam.
a
Suit of Dryfoos,Grier& Youngman, agents, assigned
to Pardee & Markle, v. Patrick Walker.
70 February term, 1883. Debt, $1 .988.92. Vend. ex.
123 October term, 1883. Dickson & Atherton, Att'ys.
X. All that lot of ground on the north side of Spruce
street, in the borough of Hazleton, it being lot marked
No. 12, of square No. 4, commencing at the disunce
of 366% feet westward from the northwesterly comer
of the said Spruce and Cedar streets, conumin^ in
front or width 33 K feet, and extending of that width
in depth northward 150 feet to Green street ; improved
with the following buildings : a 2-story frame dwelling
with frame back building fronting on Pine street, a
i-story frame building attached, a i-story brick building
and frame outbuilding, also a i^-story frame dwelling
fronting on Green street, with a i-story back building
and a i -story frame outbuilding, and other frame out-
butldinss.
2. All that lot of ground in Hazleton, on the east
side of Wyoming street, commencing at a point 90 feet
northward from the northeast corner of Wyoming ave-
nue and Tamarack street, and running along said
Wyomtng street 7/0 feet, and extending of that width
in depth eastward 100 feet to a 20 feet wide alley, said
lot being known and numbered on the plan of the said
borough of Hazleton as lot No. 9, of square No. loi ;
all improved, with a two-story frame dwelling house,
frame kitchen, and other frame outbuildings thereon.
Suit of 5. W. & L. Search v. Thomas Sink.
17^ May term, 1883. Debt, I66.84. Fi, fa. 107
Octooer term, 1883. Evans, Att'y.
A lot of land in the borough of Shickshinny, begin-
ning at the southwest comer of land owned by Thomas
Senior, thence easterly along the line of said Senior
I having erected thereon one two-story frame dwelling
house, privy, stable, outbuildings, and fmit trees.
Suit of T. A. Miller v. Ada Harding.
Al. test. fi. fa from Wyoming county. Debt, ^145.70.
Phoenix, Att'y-
All that lot of land in Union township, bounded on
the north by lands of Edward Lewis and Mary L.
Thompson, on the east by lands of Joseph B. Dodson,
on the south by lands of Philip H. Lamb, and on the
west by lands of Jas. Woods and Mary L. Thompson,
containing 40 acres of land, more or less : about 8 acres
thereof improved.
Suits of Josiah Dram v. Benjamin Wartman and
Daniel Walk.
682 and 694 September term, 1879. Debt, ^30 and
$125. Fi. fas. 103 and 104 October term, 1883.
Payne, Att'y.
. . The following lot of land in the township of But*
ler, bounded on the north by a public road known as
the " Bridge Road," on the west by land of John W.
Smith.on the south by public road leading from Hazle-
ton to Wilkes-Barre, and on the east by lands of Susan
Durst and the estate of Mrs. Washman, containing
about 4 acres of land ; all improved, with a frame hay
shed thereon.
One undivided half interest in a lot of land in
Butler township, beginning at a stone comer of land
of Joshua Santee in line of land late of John Strunk,
deceased, thence by land of Joshua Santee 338 perches
to a stone comer, thence by land surveyed to Keuben
Hayner^r., 47^ perches to a stone corner, thence by
land of Thoma* Snyder 338 perches to a stone comer,
thence by land of Charles Benner and of said Stmnk,
deceased, 47% perches to the place of beginning, con-
taining 100 acres of land, more or less ; unimproved,
and no buildings thereon.
7
Suit of Henry E. Soldan v. Jacob Rosenstock.
205 June teim, 1882. Debt, ^564.25. Fi. fa. X17
October term, 1883. Troutman, Att'y.
AH that piece of^land in Hazle township, beginning
at a yellow pine at comer of land in the warrantee
name of Georze C. Drake, thence by warrantee name
of Mary Kunkle 1,424 feet to a yellow pine comer,
thence by warrantee name of Jtjseph H Clapman 363
feet to a stake, thence by land now or late of Hill et al.
1 ,557 feet to a stake in line of land in warrantee name
of'^George C. Drake, thence by same 390 feet to begin-
ning, containing 12 acres 86^ perches ; net improve-
ments consist of a large three-story frame hotel build-
ing with a large three-story back building, a large
enclosure used as picnic grounds, with bars, lar^e frame
stable, frame bam, frame wagon house, shedding, and
other frame outbuildings.
Suits of A. Bauman v. Solomon Sturmer.
261 September term, 1879, and 218 October term,
1883. Debt,|i62.75 and|237.9o. Fi.fas. 97 and zao
October term, 1883.
X50 feet to line of land of G. W. & L. Search, thence i. The following lots in the village of Sturmerville,
southerly along said Search's land 75 feet to comer of 'township o( Exeter, to wit: Nos. 12, 14, and 15, on
land of Hiram Deiirick, thence westerly along said Schooley street, measuring each 50 feet by i8j feet;
Deiirick's land 150 feet to Canal street, thence north- Nos. 29, 30, 34, and 35, each 40 feet by 183 feet, on
erly along the easterly side of Canal street 75 ieet to alSchooley street ; Nos. 18 and 21, each 50 feet by 183
comer, the place of beginning, containing xi ,250 square feet ; Nos. 25 and 27, each 50 feet by 156 feet, on Valley
feet of land, more or less ; all improved, with a 2-story street, according to map of the village of Sturmerville.
frame dwelling house, a frame stable, other outbuild- 1 2. A vacant lot in the township of Exeter, adjoining
tugs, and fruit trees thercoir. Ithe line of the borough of Pittston, on the corner of
4 Wyoming and Erie avenues, measuring 73 feet by 250
Suit of A. F. Peters & Son v. Emest Schasel. I feet.
X40 May term, 1882. Debt, $159.00. Fi. fa. xi6 3. A vacant lot on the northerly side of Erie avenue.
October term, 1883. Halsey, Att'y. in the borough of Pittston, being 90 feet in front ana
All that lot of land in the township of Foster, near 150 feet deep.
Freeland, beginning at a corner on the east side of! Q
Birbeck street, and about 331^4 feet south of land now Suit of Aaron Brown v. John McDermott.
owned by Thomas Birbeck, thence on Birbeck street 117 November term, 1881. Debt, $535.22. Fi. fa.
93 feef to a corner, thence by land of Joseph Birbcck's 127 October term, 1883.
estate 127^ feet to a corner in line of land belonging All that lot of land in Kingston borough, bounded
to Highland Coal Company, ihence by !»ame 92 feet to on the west by what is known as the back road lead-
a corner, thence by land of Joseph Birbcck's estate ing through township, on the south by lands of George
129)^ feet to the place of beginning, containing 11,831 Corey, on the east by an alley, and on the north by an
square feet of land, more or less ; all improved, and alley, containing about one-fifth of an acre of land,
I 93
Digitized by VjjOOQIC
more or less; all improved, and having erected thereon
one iJ4-story frame dwelling house, outkitchen, out-
buildings, and fruit trees. 37*39
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisements in the following esutes
have been approved nisi by the Orphans' Court of
Luzerne county, and, unless exceptions are filed, will
be presented for final approval on Monday, the ist
day of October. i88y;
Christian Ruth, Thomas Davis, R. C. Sutliff, and
Anthony Schappert, deceased
JOSEPH HENDLER.
37-39 5'i^'^*L?l5'-_
ESTATES TO BE AUDITED BY THE
Orphans' Court of Luzerne county. Notice is
herebv Eiven that accounts have been filed and con-
firmed absolutely by the court in the following estates :
I. Ellen E. Rutter ; H. S. Rutter and E. P. Darting,
Executors; October 2, 1883.
3. lohn L. I'rasel ; M. M. Pancoast, Administratrix ;
October 2, 1883.
3. George Beck; John B. Quick, Administrator;
October 3, 1881.
4. Ann Middleton; Thorn ^ts H. A therton, Trustee;
October 3, 1B83.
5. Henry Bach ; Elizabeth Bach, Executrix ; Octo-
ber 4, 1883.
6. Philip Weiss; Benjamin Evans, Administrator;
October 4, 1883.
7. Olmstead Dickinson ; C. B. Dickinson, Adminis-
trator: October 5, 1883.
8. William Keegan ; John M. Ward, Administrator ;
October 5, 1883.
o. David Benscoter; W. J. and F. M. Benscoter,
Administrators ; October 8, 1883.
10 Anton Schappert : Peter Schappert and Henry
Schappert, Executors; October 8, 1883.
II. Thomas McLaughlin; J. J. Williams, Adminis-
trator d. b. n. c I. a. ; October 9. 1883.
12. Robert M. Bonham ; Ambrose Bonham, Admin-
istrator ; October 9, 1883.
13. James P. Athcrlon; Sarah J. Atherton, Execu-
trix ; October 10, 1883.
14. Elizabeth Levers; Ira M. Kirkendall, Adminis-
trator; October lo, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Coun
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they sec fit, and pre<;ent their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER,
37-39 Clerk O.C.
IN RE PARTITION OF THE ESTATE OF
John Davis, late of Jenkins township, Luzerne
county J Pennsylvania, deceased. Now, June 30, 1 883,
upon filing petition and motion of counsel, court grant
rule on heirs and all persons interested to appear and
accept or refuse the real estate at the valuation, or
make bids on the same, or show cause why the same
shall not be sold on their neglect or refusal to accept
the same. Notice of this nile to be given to parties
interested resident within the county as directed by
law, and to parties interested non-residents of the
county by publication in a weekly newspaper published
in Lucerne county and in the Luzerne Legal Register
for three successive weeks, and a copy of each to be
mailed to the last known place ot abode of such non-
resident parties. Returnable on Monday, October 8,
1883, at 10 A. M. By thb Court.
In pursuance of the foregoing order of court, notice
is hereby given to John P. Davis, of Harmony, Clay
county, Indiana, and Thomas R. Davis, of Opaque
City , Osage county, Kansas, to appear at the time above
mentioned and for the purpose therein mentioned.
T. f. CHASE,
EDWARD A. LYNCH.
37-40 Solicitors.
94
ESTATE OF PHILIP HOUPT. DECEASED .
In the Orphans' Coun of Luzerne county. Pa.
In Re Proceedings for partition of real esuie of dece-
dent. Sur petition for rtile on heirs and devisees.
Now, 14th September, 1883. upon consideration of the
above petition, a rule is granted upon the devisees and
heirs and other parties interested to appear in open
court, on the 13th day of October, 1833. at lo o'clock
A. M., and accept or refuse the real estate at the val-
uation returned, or make bids on the same, or shov
cause why the same shall not be sold on their neglect
or refusal to accept the same.
In pursuance of the above order, notice is hereby
fiven to Charles Houpt, of New PhiladHphai, Ohio,
iba Houpt, Sallic Crane, and Bentley F. Crane, of
Shalersville. Ohio, Bamei Houpt, of White Pidgeon,
Michigan, Cornelius S. Robbins. of Dodgerilte. lova,
and Linda Raub and Edgar E. Raub, of LeadviUe,
Colorado, and ail other non-residents of this Commoo-
wealth interested in said estate, to appear in Orphans'
Court, on the 13th day of October, t»8i, at xo o'dodc
A. M., in accordance with said order of the Orphans'
Court.
[seal]
38-40
JOSEPH HENDLER,
Clerk O. C
TRUSTEE'S SALE.
By virtue of an order of the Court of Commoe
Pleas of^ Luzerne county, the undersigned, Trustoe of
Headley D. Benscoter, will expose to public sale, on
the premises, on Friday, October i«, 1883, at 2 o'clock
P. M , all that piece of land in the township of Umoa.
beginning: at a comer, running thence along land of
Abram Wheeler 120^4 perches to a comer, thence alo^g
land of David Benscoter 53 perches to a comer, thence
by the same 39^ perches to a comer, thence by same
40 perches to a corner, thence alons line of land of
Samuel or William Martin 96 perches to a comer,
thence 45 perches to a comer, thence at perches tu a
corner: thence along line of land of Sarah and Abram
Gregory 32 perches lo a comer, thence along same 14
perches to a comer, thence by the same 14 perches to
a comer, thence on line of land of Adam Adlcman or
Peter Martin and Peter Hooper 133 perches 10 a cor-
ner, the place of beginning, containing 90 acres of land.
more or less ; all improved, with two orchards thereos,
a large two-story frame dwelling house, a targe bars,
wagon shed, corn crib, and other smaller outbuildiag*.
Tbrms of Salk — One-third of the arootint of bid to
be paid down on day of sale, one-half of the*balance to
be paid on confirmation of sale and delivery of deed-
ana the balance to be paid in six months from date 01
sale, with interest on deferred payments; 10 be secnred
by bond and mortgage on the premiset sol<L
38-40
MICHAEL CANNON,
Trustee.
ORPHANS' COURT SALE.
Estate of John M. Stackhouse, dec'd. By virtue
of an order of the Orphans' Coun of Luzerne cotinty,
the undersigned will offer at piblic sale, at the Arbi-
tration room, Court House, city of Wilkes-Barre, ea
Tuesday. October 9th. 1B83, at 10 o'clock A. M.,the
interest of the said decedent in the following descnbed
pieces of land :
1. The undivided one-third part of the surface of aB
that tract of land in the township of Salem, beginning
at a point where the line of the borough of Shickshinny
crosses the William Sheer tract of land, thence 40
perches on the line of William Sheer tract to a corner,
thence 348 perches, thence 82 perches along the tear
line of the William Sheer tract, thence ana perches
along the various courses of the south branch of Shick-
shinny creek to line of Isaac Teet tract, thence along
the line of Shickshlnny borough 94 perches to place
of beginninf^, containing 208 and lai perches ; except-
ing such building lots as may have already been co»
tracted to be sold ; the above is unimproved.
9. The undivided one-half part of all that piece of
lland in the township of Conyngham, botinded on the
I north by lands of Wm. Rymon, on the east by lands
of Jeremiah Hess, on the south by lands of Samuel
Miller and others, and on the west by the Sosquefaanaa
I
Digitized by VjjOOQIC
Hrer. containing tSo acres of land, more or \t%% ; upon
-which there is saw timber, railroad and mine ties, etc.
3. The undivided one-half part of all that piece o^"
land in the township of Salem, beginning at a stone
comer on the line of the certified township of Salem,
thence runniitg along the same 187 perches, thence 11
perches, thence 22 perches, thence 134 perches to rock
oak comer, thence 143 perches to a hickory, thence 324
perches to a chestnu*, thence no perches to the place
of beginning, containing 284 acres and 149 perches,
more or less, with house and bam, and a good apple
orchard thereon ; about 50 acres of said land is cleared
and raises crops.
4. The undivided one-half part of all that lot of land
in the city of Wilkes-Barre, situate on the south side
of Can^l street, beginning at a point on Canal street
and line of lot owned or iormerly owned by Patrick
Kieman, thence along the said Klernan's line about
150 feet to the line of the North Branch Canal, thence
down the canal to the line of lands now or formerly
owned by the estate of James McDonald, thence along
the line of lands of said McDonald's estate about ty>
feet to Canal street, and thence along Canal street
about 28 feet the place of beginning; all improved,
with a two-ctory frame dwelling house, about 90 feet
front and 35 feet in depth, and outbuildings thereon.
5. All that tract of land in Salem township, beginninj
at a stone comer at a public road in line of lands 01
heirs of Joseph Lockhart, thence 33 ^ perches 10 a
post, thence by land formerly of Andrew Courtright
368^ perches to the Susquehanna river, thence down
said river 31 perches to a post, thence by land formerly
owned by John Gniver 125 8-to perches to a public
road at corner of school house lot, thence by same 14
perches, thence i6^ perches, thence 10 6-10 perches
to line of lands formerly owned by John Gruver, thence
by same 221 4-10 perches to the place of beginning,
containing 70 acres and 95 perches, strict measure ; all
ORPHANS' COURT SALE.
£lstate of Mary Riddall, deceased. By virtue
of an order of the Orphans' Court of Luzeme county,
there will be sold at public sale, at the Arbitration
room, in the Court House, at Wilkes- Barre. on Friday.
October 12th, 1883. at 10 o'clock A. M , all that lot of
land in the township of Pittston, beginning at a comer
on the northerly side of a public road, thence 8 perches
to a comer, thence 55 feet* to a corner of other lands
of said Rob't Smith, thence along said lands 8 perches
to a comer on the public road a'oresaid, and thence
along said public road 6;> feet to the place of beginnins,
containing 30 square rod.H of land, more or less ; sub-
ject to all the conditions, restrictions, and reservations
contained in said deed : all improved, with a two-story
frame house and back building attached, and other
outbuildings thereon.
Tbkma of Salb — 25 per cent of purchase down on
day of sale, and balance of purchase money on confir-
mation of sale and delivery of deed.
jAMts McMillan,
T. R. MARTIN, Administrator.
Attorney. 38-40
ORPHANS' COURT SALE.
Estate of John Louder, deceased. By virtue
of an order of the Orphans' Court of Luteme county,
the undersigned will expose to public sale, on the
premises, on Friday. October 12th, 1883, at 10 o'cUkIc
A. M., the following real estate:
Purpart No. i. In the Fleventh ward of the city of
Wilkes- Barre, bounded northwesterly by land of F. D.
Vose, deceased', northeasterly by bnd of Josiah Ben-
nett, deceased, and 1. E. Finch, southeasterly by land
of John Wagner, and southwesterly by Ash street,
said lot having a front on Ash street of no feel and a
depth of 83 feet, containing 8,964 square feet of land;
_. ,_ . . all improved, with one two-story frame dwelling house
improved, with one large two-story dwelling house, I with addition, outbuildings, and fniit trees thereon.
one frame barn, with sheds and other outbuilding! Purpart No. 2. In the ward and city aforesaid,
thereon. bounded northwesterly by lands of John Wagner,
6. All that tract of land in Salem township. adj«>in-' northeasterly by land of 1. E. Finch, southeasterly by
ing the land formerly owned by John Gruver, bounded] Cinderella street, and southwesterly by Ash street,
on the cast by »he Susquehanna river, on the south jsaid lot having a front on Ash street of 79 feet and a
and west by Thomas Hicks, and on the north by lands'depth of 83 feet, containing 6.557 *iquare feet of land;
Ibrmerly owned by John Gmvcr, containing 71 acres'all improved, with one two-story dweltinK house, one
and 61 perches of land ; all improved, with one large kmall i^-story frame house, and fruit trees thereon.
frame two-story dwelling house, one frame bam, wagon I Terms r>p Salb— 75 per cent of the whole purchase
house, and other outbuildings thereon. 'money down at the time of sale, and 25 per cent on the
The two last described parcels of land are what com- confirmation of sale, and the balance, with interest
prised the homestead for the late John Gruver.and arc from the confirmation, in six months from the day of
under a high state of cultivation, which two tracts of confirmation.
W. S. McLEAN,
Attorney.
B
F. LOUDER.
Trustee.
3^¥>
land will be sold subiect to a widow's dower of |
the interest of which is to be paid on the first day of
April each year to Elizabeth Gruver, widow of John
Gruver, dec'd. and within thirty days after her death
the principal to the heirs of said John Gruver. /^RPHANS' COURT SALE.
Trkms or Sale — One-founh of the purchase money \J Estate of Julia Roberu. deceased. By virtue
on the day of sale, one-fourth on the confirmation of lof an order of the Orphans' Court of Luzerne county,
the sale and delivery of deed, and the balance in six the undersigned will sell at public sale, on the prem-
months from the day of sale: deferred payments to be ises, on Friday, the 12th day of October, 1883, at 10
secured by bond and mortgage on the premises, with o'clock A. M., all that lot of^ land In the borough of
interest from day of sale. -- . . .
ISAAC P. HAND,
Attorney
O
Hughestown, beginning at the southeast comer of
JAMES POST, I Parsonage street and a new street, thence along said
Administrator, .new street in an easterly direction 260 feet to a corner
37-39 on an alley, thence along said alley in a westerly direc-
tion about 65 feet to a corner of land of Isaac Lovell,
.deceased, thence along said Lovell's land in a north-
RPHANS* COURT SALE. | westerly direction 26 j feet to a corner on Parsonage
Estate of Daniel Brown, deceased. By virtue street aforesaid, and thence along Parsonage street in
of an order of the Orphans' Court of Luzeme county, a northerly direction about 65 feet 10 the place of be-
the undersigned will expose to public sale, at the Arbi- einning, containing 16.000 square feet of land, more or
tration room, in the Court House, at Wilkes-Barre, on less; all improved, with a i^^-story frame dwelling
Friday, October 12. 1883. at 10 o'clock A. M , all that house fronting on Parsonage street, one 1 54-story
piece of land in the township of Sugarloaf, beginning frame dwelling house fronting on new street, one i^-
at a post 159 perches to a post by lands of Solomon story double tenement frame dwelling house fronting
Yost, thence 28 perches to a post by land of Magdaleiu on alley, together with fruit trees, wooden bam. and
iClinesmith, thence 170 perches to a post by land of other outbuildings on the above described premises.
Nathan Beach, thence 56 parches to the place of be-i Terms of Sale— f 300 down, and balance on confir-
ginning, containing 35 acres and 119 perches and allow- mation of sale and delivery of aeed.
ance, be the same more or less. ALFRED P. HOUSE,
Tekms OF Sale— Cash. I FRANCIS H. CHIVERS,
WILLIAM H. BROWN. ; F. C. HOSIER, Administrators.
Administrator d.b.n. c.t.a. 1 Attorney. 37-39
37-»
I
95
Digitized by VjjOOQIC
NOTICF IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luxcrne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of cerutn corporation," approved April 29, 1874,
and the supplements thereto, on Monday. October 8,
1883, at 10 o olock A.M., for the charter of an intendec
corporation, to be called " The Pleasant Hill Academy
Association," the character and objecu of which are
10 establish and support an institution for educational
purposes, and to purchase the necessary real estate and
erect a suiuble building or buildings thereon.
GEO. W. SHONK,
37-30 Solicitor.
NOTICE IS HEREBY GIVEN, AS REQUIRED
by Act of Assembly, approved April a9th, 1874,
that application will be made before one of the Law
Judges of Luzerne county, on Monday, October 8th,
1883, at to o'clock A M., for the incorporation of the
" First Congregational Church," of Exeter, Peon'a, a
society formed for the support of public worship.
F. C. MOSIER,
37-39 Solicitor.
AUDITOR'S NOTICE.
Esute of John ^Unchard, deceased. In Re
Proceedings in Partition. The undersigned, an Audi-
tor, appointed by the Orphans' Court of Luzerne
countv to asceruin whether there are aYiy liens or other
Incumbrances on the real estate uken in partition, and
to marshal the same, also to asceruin and apportion
owelty and the cosu and expenses of partition, and
also to state the amount of recosnizances to be given,
etc., will attend to the duties oT his appointment, at
his office, in the city of Wilkes-Barre.on Saturday, the
6th day of October, 1883, at 11 o'clock A. M., at which
time and place all persons interested are hereby noti-
fied to attend and present their claims.
GEO. K. POWELL.
37-40 Auditor.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriif 's sale of the real
estate of Ellen Lutsey, will attend to the duties of his
appointment, al his office, Harvey Buildings, Franklin
street, in the city of Wilkcs-Barrc, on Saturday, the
13th of October, 1883, at 9 o'clock A.M.«at which time
and place all persons having claims against said fund|
are notified to present the same, or be forever debarred |
from coming in on said fund.
JOHN B. REYNOLDS,
38-4Z Auditor.
ESTATE OF ROBERT MAJOR, LATE OF
Lehman township, deceased.
Letters tesumentary upon the above naned estate
having been granted to the undersigned, all pcrsoas
indebted to said esute are requested to make payoieni,
and those having claims or demands to present the
same, without delay, to
THOMAS H. MAJOR,
A. R. BRUNDAGE, Cease's MiU. Pa.
Attorney. 39-44
ESTATE OF LEON SACKS, LATE OF THE
borough of Pittston, deceased.
Letters tesCamenury upon the above named estate
having been ^nted to me undersigned, all pcnoos
indebted to said estate are requested to make paymcai,
and those having claims or demands to present the
sane, without delay, to
FANNY SACKS,
JOS. D. COONS, Pinston, Pa.
Attorney. ^39-44
ESTATE OF ZACHARIAS GINTHER. LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said esute are requested to make payment,
and those having claims or demands to present the
same, without delay, to
DOROTHEA GINTHER,
39j^44 Hazleton, Pa.
ESTATE OF SAMUEL RODGERS. LATE OF
Plymouth township, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
WILLIAM RODGERS,
C. W. McALARNEY, Plymouth. Pa.
Attorney. 39*44
ESTATE OF JOHN HART, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above named
esutc having been granted to the undersigned, all per-
sons indebted to said esute are requested to nuke
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOHN HART,
A. R. BRUNDAGE, Rock Glen, Pa-
Attorney. 39-44
ESTATE OF MICHAEL NALLON, LATE OFl
Pittston, deceased. I
Letters lesuroenury upon the above named estate]
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MARTIN GERIGHTY,
MICHAEL TOOLE,
D. S. KOON, Executors.
Attorney. 35-40
ESTATE OF ELIZABETH BULKELY, LATE,
of Wilkcs-Barrc, deceased. '
Letters testamentary upon the above named estate)
having been granted to the unden»igned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please mahe
immediate payment to 1
JONATHAN E. BULKELY,
S. J. STRAUSS, Executor. |
Attorney. 35-40
96
ESTATE OF lOHN E. LEWIS, LATE OF
Plains township, deceased
Jitters of administration upon the above named
esute having been granted to the undersigned, ail per-
sons indebted to said estate are requested to niake
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY ANN LEWIS,
C. H. WELLS & SON, Plains, P*.
Attorneys. 39-44
ESTATE OF JOHN S. JENKINS,TaTE OF
Kingston township, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons indebted to said esute arc requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
HANNAH L. JENKINS,
DICKSON & ATHERTON, Wyoming, Pa
A ttorneys . 39^
ESTATE OF NIKOLAUS HILDEBRANDT,
late of Wright township, deceased.
Letters tesumcnury upon the above named estate
having been granted to the unaenigned, all persons
indebted to said esute arc requested to make payment,
and tho^e having claims or demands to present the
same, without delay, to
GEO. C. HILDEBRAND,
39-44 Mounuin Top, Pa.
I
Digitized by VjjOOQIC
ESTATE OF WILLIAM WITCRAFT, LATE j INSTATE OF MATTHEW LARNER, LATE OF
of White Haven, deceased. I Ht Pittston, deceased.
Letters of administrau'on uuon the above named Letters of administration upon the above named
estate having been granted to tne undersigned, alJ per-, estate having been granted to the undersigned, all per-
sons having claims against the same will present them {sons having claims against the same will present them
for payment, and those indebted thereto will please i for payment, and those indebted thereto will please
make immediate payment to make immediate payment to
E. P. MORRIS, I JOHN A. COLLIER,
G. L. HALSEY. Administrator. , JOHN T. LENAHAN, Administrator.
Attorney. 37-42 1 Attorney. 35-4o
ESTATE OF SAMUEL MOVER, LATE OF T7STATE OF DANIEL BRADER, LATE OF
Nescojpeck township, deceased. I Hi Salem township, deceased.
Letters of administration upon the above named! Letters testamentary upon the above named estate
estate having been granted to the undersigned.. all per- 1 having been granted to the undersigned, all persons
sons having claims against the same will present them, having claims against the same will present them for
tor payment, and those indebted thereto will please 1 payment, and those indebted thereto will please make
make immediate payment to immediate payment to
HOMER SMETHERS, SARAH BRADER,
C.B.JACKSON. Administrator. ~ ~
Attorney. 37-42
C. B. JACKSON, Executrix.
Attorney. 38-43
ESTATE OF LYDIA M. RABERT, LATE OF T7STATE OF JAMES* VINCENT, LATE OF
Salem township, deceased XL Hazle township, deceased.
Letters of administration upon the above named' Letters of administration upon the above named
estate having been granted to the undersigned, all per- j estate having been granted to the undersigned, all per-
sons having claims against the same will present them .sons having claims against the .same will present them
for payment, and those indebted thereto will please for payment, and those indebted thereto will please
make immediate payment to I make immediate payment to
WESLEY RABERT, ; ELIZABETH VINCENT,
C. B. JACKSON, Administrator. 1 GEO. H. TROUTMAN, Administratrix.
Aiiomey. 37-42' Attorney. 38-43
ESTATE OF HEN^YKOeI^ER. LATE O^ F^TATE OF DANIEL BROWN, LATE OF
Wilkes-Barrc. deceased. ■'V ^"garloaf township, deceased.
Letters testamentary upon the above named esuic Lc"^" P^ administration upon the above named
having been granted to the undersigned, all persons estate having been granted to the undersigned, all per-
having claims against the same will present them forj^ons having claims against the same will present hem
payment, and those indebted thereto will please make! ^o^P=»>''n«"^.»"<l those indebted thereto will please
fmmediate payment to | make immediate payment to ^r^WN
CATHARINE KOEPER, ' WILLIAM H. BROWN,
35-40 Executrix. 37-42 _ Administrator d^b^n.c.t^
E~iT7T7'nir~nAVfn MArMTMU/xTf A-rir'niri RSTATE OF TAMES CARR, LATE OF THE
^\d^K9^ DAVID MACKOWN. LATE OFj ^^ borough of Hazleton, deceased.
West Pittston, deceased. 1 Letters of administration upon the above named
Letters of administration upon the above named Lj-tate having been grantod to the undersigned, all per-
estate having been granted to the undersigned, all per-' ^ons having claims against the .same will present them
sons having claims against the same will present them for payment, and those indebted thereto will please
for payment, and those indebted thereto will pleast n^^ke j'n^mcdiate payment to
make immediate payment to i lOHN O'BOYLE
MARY E. MACKOWN. •' Adminisir'ator.
35-40 Administratrix, j — —
- I T7 STATE OF LAURA MILLARD. LATE OF
ESTATE OF BARNEY HUNSINGER. LATF.i JlL Shickshinny. deceased,
of Black Creek township, deceased. I 1-ctters of administration upon the above named
Letters of administration upon the above named estate having been granted to the undersigned, all
estate having been granted to tne undersigned, all per- persons having cUiins against the same will present
sons having claims against the same will present them them for payment, and those indebted thereto will
for payment, and those indebted thereto will please; please make immediate payment to
make immediate payment to I. P- HAND,
SAMUEL BENNER, 37-42 Admini strato r.
37-42 Administrator.
_ . -^ r? STATE OF CHARLES MOVER, LATE OF
ESTATE OF EDWARD MORGAN. LATE OFi ^ Nescopeck township, deceased
Parsons, deceased. I '^"^'^ ?^ administration upon the above named
Letters of administration upon the above named !«^t<= »»t''*"^ ^^^f" ^''^""'^ r.i '"T^f'^ll
estate having been granted to the undersigned, all per- Rf«^«"^ having claims agiunst the same will prescn
sons having daims against the same will present if cm ^•jc'" for payment, and those ndebted thereto will
for payment, and those indebted thereto will please P''^*^ '"'''^^ ""'"'^'*"'^L?%TS <mfthfr<;
make immediate payment to , „ „ lAr-i^coM aIi"^,^^^^^
PATRICK COX ^- ^- JACKSON. Administrator.
37-42 Administ^tor. \ .. Attorney. _ 37-4^
_ __ „ i T7STATE OF THOMAS LYNN, LATE OF
ESTATE OF JAMES E. CLARKE, LATE OF! J2. Pittston, deceased.
Pittston, deceased. ' Letters testamentary upon the above named estate •
Letters of administration upon the above named having been granted to the undersigned, all persons
estate having been granted to the undersigned, all per- having claims against the same will present them for
sons having claims against the same will present them .payment, and those indebted thereto will please make
for payment, and those indebted thereto will please immediate payment to
make immediate payment to MICHAEL BOLIN,
MARY CLARKE, F. C. MOSIER, Executor
37-42 Administratrix. ' Attorney. 35-4<^
1 97
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The Luzerne Legal Register.
Vol. XII. Friday, October 5, 1883. No. 40.
Court of (Quarter Sessions of lllontour (Hountp.
Directors of the Danville and Mahoning Poor District
V, Directors of the Scranton Poor District.
Evidence — Settlement — Lunacy of wife.
I. In a settlement case, proof may be made of assessment of taxes by a witness who produces before
the examiner appointed to take the testimony the books of assessment from the proper office,
and in the presence of the parties states in his deposition the items of the assessment in question
as therein contained, no objection being made at the time to that mode of proof.
a. The duplicate issued to a collector containing taxes charged against a person, when returned by
the collector to the treasurer marked " paid" opposite the tax, is prima facie evidence that it
was paid by the person charged.
3. Jerry Coats having a settlement in Danville, resided there with his wife and family from 1855 to
1869. In the latter year his wife became insane, and was, with his knowledge, placed in a lunatic
hospital by the directors of the poor of the Danville district, where she remained, at the expense
of that district, until x88a, when an order was obtained for her removal to Scranton. In 1875
Coats abandoned his family and his residence in Danville, and went to Scranton, where he
resided for seven years, during five of which in succession he was assessed with and paid his
proportion of public taxes in the Scranton district: Held, that he gained a settlement in
Scranton for himself and wife, notwithstanding the fact that she was during that time receiving
relief from the Danville district.
Appeal by the directors of the Scranton poor district, late
directors of the poor of Providence, from an order of removal of
Rosanna Coats from Danville and Mahoning district to Scranton. '
The opinion of the court was delivered September 17, 1883, by
Elwell, p. J. — In 1855 Jerry Coats and Rosanna, his wife,
were married, and from that time until 1869 lived together in
Danville, in houses of the yearly value of more than ten dollars,
leased by said Coats, the rent for which was paid by him. In
1869 Mrs. Coats became insane and a charge upon the Danville
and Mahoning district, and was by the directors, with the knowl-
edge and consent of her husband, removed to the State Hospital
for the Insane, at Harrisburg, and from that time until the i6th
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3i6 Danville and Mahoning v. Scranton.
day of September, 1882, she was relieved, maintained, and kept
by the Danville and Mahoning district. On the i6th day of
September last she was removed by the order from which this
appeal was taken to the Scranton district, which was adjudged to
be her last place of settlement.
Her husband's settlement being hers, the important question
for consideration is, whether he had acquired a settlement in
Scranton. In respect to that, the facts appear to be, and are
found, as follows:
When Rosanna Coats was removed to the hospital, the family
of Jerry Coats consisted of himself, his wife, and several children.
After that time he did nothing towards the support of his wife,
and has not to this time paid any part of the expenses of main-
taining her. In 1875 Coats abandoned his family, left Danville,
and took up his residence in Scranton, and has continued to
reside there from that time until now. Before he left Danville,
the directors of the poor endeavored to obtain from him some
portion of the expense of supporting his wife, but were not suc-
cessful. After he left they had no knowledge of his whereabouts
until some time in 1880. Application was made to him then to
do something for her. Nothing was obtained but a promise,
which was not fulfilled.
In order to show that Coats had acquired a settlement in the
Scranton district, depositions were taken by the Danville district
before a commissioner, under the rules of court.
M. T. Lavelle, the city clerk of the city of Scranton, produced
before the commissioner assessment books for the years 1877
and 1878, and stated that Jerry Coats was assessed as a laborer,
valuation thirty dollars for each year, and the same for 1879.
The board of revision raised the valuation to fifty dollars, and the
tax was levied on that sum,
W. W. Williams, one of the county commissioners of Lacka-
wanna county, was sworn, and produced before the examiner the
county assessments for the years 1879, 1880, and 1881, showing
that Jerry Coats was in those years assessed as a laborer, valua-
tion fifty dollars.
No objection was made before the examiner to this mode of
proving the assessments. If objected to at the time certified or
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Danville and Mahoning 7^. Scranton. 317
sworn copies might have been obtained. By not objecting at the
proper time, the appellant consented to that mode of proof.
From the evidence it is found that Jerry Coats was assessed with
his proportion of public taxes in the Scranton district for the
years 1877 to 188 1, inclusive.
In respect to the payment of taxes, evidence was given by
B. R. Wade, collector of delinquent city and school taxes for
Scranton for 1879 to 1882. He produced the books from the
office of the city treasurer, showing the school and city taxes for
the years 1879 to 1881, inclusive, by which it appears that Jerry
Coats was charged with seventy-seven cents city tax and one
dollar and ten cents school tax for each of these years. These
taxes were not paid personally by Coats to the witness, but they
were paid by the Lackawanna Iron and Coal Company out of the
wages of Coats, he being engaged at labor for them. The wit-
ness does not remember the particulars of the payments, but
finding on the margin of the books marked "paid" by himself,
with the date, according to his usual practice, the proof is deemed
sufficient to establish the fact of payment. The tax for 1879 was
paid on January 7, 1880; the tax of 1880 was paid December 4
of that year, and the tax of 188 1 was paid July 3, 1882.
In the year 1880 the name "Jerry Coats" appears on the dupli-
cate in three different places, residence in each place different
from the others. It does not appear that there was any other
Jerry Coats in Scranton at any time. The Jerry Coats in ques-
tion had resided there for six years. He was assessed with taxes
from 1877. Inasmuch as but one person of that name could be
found by the collector, and the tax of that one was paid by the
company where this Jerry Coats worked, the presumption is strong
that he was the person who was assessed and paid the taxes.
In respect to* the taxes of 1877 and 1878, the evidence is, that
the original books issued to the collector for those years were
returned into the treasurer's office, and that those charged to
Jerry Coats are marked "paid." The collector for 1877-8 was
in the city of Scranton when the depositions of other witnesses
were taken, but he was not called to testify by either party.
The books on which the taxes were charged were official
records; they were, by permission of the treasurer, produced by
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3i8 Danville and Mahoning v, Scranton.
a witness before the examiner. The entry of the word "paid"
by a collector opposite a charge of tax is evidence against him.
It is, in fact, official evidence of payment, made by the proper
officer, and by him placed as a charge against himself in the
hands of the official to whom he must render account. Every
presumption is in favor of the correctness of the return.
In the case of Coxe v. Derringer {7^ Pa. St. Rep. 291) it was
held that the words ** paid before sale " on the treasurer's book
were not evidence of such payment, being evidently an entry by
the treasurer after sale. In Auken v, Albright (8 Harris, 157)
the letters "pd" on the treasurer's book were held not to be
evidence of themselves of payment of the taxes before sale, the
treasurer having testified that the practice of his office was to
so mark them after sale.
It often happens that taxes are paid to collectors when there is
no receipt given, the taxpayer relying upon the marking of the
tax "paid" on the duplicate. Such entry, unexplained, would be
evidence against the collector, and between the taxpayer and the
public \s prima facie evidence of payment.
It is, therefore, found as a fact that Jerry Coats, husband of
Rosanna Coats, was assessed with public taxes in the city of
Scranton from 1877 to 1 881, inclusive, which were paid by him.
It is contended, however, by the appellant that even if this be so,
he did not gain a settlement thereby, for the reason that during
the same time his wife was receiving relief as a pauper from the
Danville district.
It is argued in support of this position that it would be an
unreasonable construction of the statute to hold that a person
can gain a settlement by residence and paying taxes in a new
district, if during the time either he or his wife, or any member
of his family for whose support he is liable, receives support as
a pauper in the town of his old settlement. That a settlement
cannot be gained under such circumstances has never been
decided by any court in this State. In Massachusetts and other
Eastern States it has been the subject of frequent consideration,
and the decisions have been uniform, that while a man is receiv-
ing relief as a pauper he cannot gain a settlement anywhere, and
that relief afforded to a member of his family for whose support
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Danville and Mahoning v. Scranton. 319
he is liable is, as a rule, aid to him. East Sudbury v, Waltham,
ID Mass. 460; Oakham v, Sutton, 13 Mete. 192; West Newbury
V. Bradford, 3 Mete. 428; Brewster v, Dennis, 21 Pick. 233;
Taunton v. Middleborough, 12 Mete. 35.
In Massachusetts the statute provides that a settlement may
be gained by ten years* residence and paying taxes for five of the
years successively. It was held in Charlestown v. Groveland (15
Grey, 15) that a man having a settlement in the Commonwealth
could not acquire a new settlement by residence and paying
taxes, if his wife was committed to a lunatic hospital on his
complaint, or with his knowledge, and is there supported without
his paying the expense during the time necessary to give him a
settlement.
The doctrine of the Massachusetts courts is adopted by the
courts of New Hampshire (47 N. H. 179), Connecticut (Norwich
V. Saybrook, 5 Conn. 384), Vermont (Wilmington v, Somerset,
35 Vt. 232), and Maine (Clinton v. York, 26 Maine, 167). But
the courts of the last named State, while adopting as the law the
decisions before stated as applicable .to cases where a man has
not abandoned his wife and family, hold that where that is the
case a new settlement may be gained by him, notwithstanding his
wife or other member of his family may at the same time be
receiving pauper support in the town of his former settlement.
Hallowell v. Saco, 5 Me. 143; Raymond v, Harrison, 11 Me.
190; Eastport v. Luber, 64 Me. 244; Bangor v, Wiscassett, 71
Me. 535.
The case of The Queen v, Sharington (17 Adolph & Ellis,
N. S. 48), cited by counsel for the appellant, is based upon an act
of Parliament, which provides that relief given to children shall
be considered as relief to the parent. In this State there is no
statute upon the subject. Our act of 1836 (P. D. 11 54) enacts
that a settlement may be gained in any district "by any person
who shall come to inhabit in the same, and who shall be charged
with and pays his proportion of any public taxes or levies for two
years successively." I think it better to adhere to the plain
words of the statute than to interpolate qualifications and provisos
to make it accord with what is held to be law elsewhere, or even
with our own ideas of what should have been inserted in the act.
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320 Danville and Mahoning v, Scranton.
It is said that the reason why a settlement may be gained by
performing the conditions named in the statute is, that the district
receives the benefits from the labor, the renting of premises, the
payment of taxes, or the fulfilling of the duties of a public officer,
and therefore should support the citizen who does these acts, if
he afterwards becomes disabled. If this reason is to be allowed
any force in giving construction to the statute, it should operate
against the appellant district. For seven years Jerry Coats has
been a citizen of Scranton. He has borne his share of the public
taxes, and has employed none of his earnings to support the wife
and family residing elsewhere, whom he had during all that time
abandoned. His unfortunate wife was provided for in a charita-
ble institution under a statute of the State, which enacts that the
constituted authorities having charge of the poor shall have
authority to send to the asylum insane paupers under their
charge. If the fact of her being there at the expense of the dis-
trict where the husband had a settlement rendered him a pauper,
or likely to become chargeable upon the district where he had
taken up a new residence, the remedy for that district was by an
order of removal to the district where he had a settlement. By
permitting him to remain for seven years, and to perform all that
the statute required to gain a new settlement, it is too late now
for Scranton to object that such settlement was not gained. No
fraud or collusion on the part of the authorities of Danville is
alleged or proved. The case is simply that of a total and con-
tinued abandonment by a husband and father of his wife and
family for seven years, during which time he resided in another
and distant district, where he peformed all acts necessary to
acquire a settlement there.
A person's domicil depends, not upon the place where his
moral or legal duties call him to reside, but upon the place where
he actually does reside. Hallowell v, Saco, 5 Me. 144, in note.
Did Jerry Coats reside in Scranton during the years when he
paid taxes there? He was personally there. He had no home
elsewhere. It follows that according to the words of the statute
his settlement is there.
We have great respect for the opinions of the able judges
whose decisions are cited above contrary to the conclusions to
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Aten's Estate. 321
which we have arrived, and have been strongly inclined to follow
the decisions of the Massachusetts courts, but have finally con-
cluded to construe our statute to mean what its words import,
and that if the doctrine of the cases relied upon by the counsel
for the appellant is to be held here, the Supreme Court should
be the first to announce it.
The several requests by counsel for the appellant to find mat-
ters of fact and conclusions of law as therein stated are refused
for the reasons contained in this opinion, to which several rulings
counsel for appellant except.
And now, September 17, 1883, it is adjudged that the order of
removal be and the same is hereby affirmed, and that the costs
and expenses be paid by the appellant.
®rpl)an0' €ourt of Cujcnu (lonntt).
Aten*s Estate.
I. In the absence of any proof that a guardian has made proper use of a fund on an account of his
administrator, his estate will be charged with interest from ihe date of its receipt until the date
of his death.
s. In such case a guardian must be at least treated as a borrower of the fund from the date of its
receipt.
Exceptions to account of guardian of Alfred H. Aten, as filed
by the administratrix of the guardian.
The opinion of the court was delivered August 6, 1883, by
Rhone, P. J. — The guardian having died, his account was
properly filed by his administratrix, and she could, of course,
only state such an account as she could make up from memo-
randa left by the decedent. She, therefore, charged the dece-
dent's estate with the sum of S795.67, claiming $49.00 credit for
expenses, showing the guardian's estate indebted ^(746.67. The
exceptant claims that to this sum interest should be added from
January 2, 1880.
The guardian received from the United States government
January 2, 1880, a pension for the amount above stated. It is
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322 Shultz v. Hendershot.
not shown that he has either expended any part of this sum for
the benefit of his ward, or that he has invested it for his benefit,
or even that he had it on hand at the time of his death. It needs
no argument or authority, then, to conclude that his estate is
liable for interest from the time the money was received. He
could not, if living, object to being treated as a borrower of the
fund at least, although the law would call the transaction a crime,
perhaps.
We, therefore, surcharge interest from January 2, 1880, to
February 1, 1882, the date of the guardian's death, which amounts
to ^[93.33, which, added to $746.67, amounts to $840, for which
sum we enter judgment against the estate of the decedent and in
favor of the ward, with the costs of this proceedings.
(jlcmrt of (Jlommou pleas of Cujenu (Sountg.
Shultz v. Hendershot et al.
I. Issue awarded where there is a conflict of testimony which the court is unable to decide.
3. Where the execution of the note is denied, the note itself does not g» in the balance against the
defendant, as it would in case of a mere allegation (A fraud.
Rule to show cause why judgment shall not be opened, and
William Jenkins, Sr., let into a defense.
The opinion of the court was delivered November 15, 1880, by
Rice, P. J. — This is peculiarly a case for a jury. William
Jenkins, Sr., swears positively that he never signed the note in
question, while P. F. Hendershot, the principal maker, swears
that he did. There is here a conflict of testimony which we are
unable to decide, and the execution of the note being solemnly
denied, the note itself does not go in the balance against the
defendant, as it would in case of a mere allegation of fraud.
The rule is made absolute, and issue directed between the
plaintiff and William Jenkins, Sr., to determine the genuineness
of the latter's signature, the note to stand as a declaration, and
the said defendant to plead on five days* notice, all liens to be
preserved meantime.
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ORPHANS' COURT SALE.
Estate of Mary Riddall, deceased.
TRUSTEE'S SALE. , ,
By virtue of an order of the Court of Common V-/ Estate of Mary Riddall, deceased. By virtue
Pleas of^ Luzerne county, the undersigned. Trustee of of an order of the Orphans' Court of Luzerne county,
Headley D. Benscoter, will expose to public sale, on there will be sold at public sale, at the Arbitration
the premises, on Friday, October 12, 1883, at a o'clock room, in the Court House, at Wilkes-Barre.on Friday.
P. M , all that piece ot land in the township of Union, October 12th, 1883. at 10 o'clock A. M , all that lot of
beginning at a corner, running thence along land 01 land in the township of Pittston, beginning at a corner
Abram Wheeler laoj^ perches toacorner, thence along on the northerly side of a public road, thence 8 perches
land of David Benscoter 53 perches to a corner, thence to a corner, thence 55 feet to a corner of other lands
by the same 39^ perches to a corner, thence by same of said Rob't Smith, thence along said lands 8 perches
40 perches to a corner, thence along line of land of to a comer on the public road aforesaid, and thence
Samuel or William Martin 96 perches to a comer, along said public road 63 feet to the place of beginning,
thence 45 perches to a comer, thence 21 perches to a containing 30 square rods of land, more or less ; sub-
coraer, thence along line of land of Sarah and Abram ject to all the conditions, restrictions, and reservations
Gregory 32 perches 10 a comer, thence along same 14 contained in said deed : all improved, with a two-story
perches to a comer, thence by the same 14 perches to frame 'house and back building attached, and other
a comer, thence on line of land of Adam Adleman or, outbuildings thereon.
Peter Martin and Peter Hooper 133 perches to a cor- Tbkms of Sale — 25 per cent of purchase down on
ner, the place of beginning, containing 90 acres of land,, day of sale, and balance of purchase money on confir-
more or less ; all improv^, with two orchards thereon, mation of sale and delivery of deed.
a large two-story frame dwelling house, a large bnrn,
wagon shed, com crib, and other smaller outbuildings.
Tbmms op Sale — One^third of the amount of bid to
be paid down on day of sale, one-half of the^alance to
be paid on confirmation of sale and delivery of deed,
ancl the balance to be paid in six months from date of
sale, with interest on deferred payments ; to be secured
by bond and mortgage on the premises sold.
MICHAEL CANNON,
38-40 Trustee.
pSTATE OF PHILIP HOUPT, DECEASED.
In the Orphans' Court of Luzerne county. Pa.
JAMES McMillan,
R. MARTIN, Administrator.
Attorney. 38-40
ORPHANS' COURT SALE.
Esute of John Louder, deceased. By virtue
of an order of the Orphans' Court of Luzerne county,
the undersigned will expose to public sale, on the
premises, on Friday, October 12th, 1883, at 10 o'clock
A. M., the following real estate :
Purpart No. i. In the Eleventh ward of the city of
Wilkes-Barre, bounded northwesterly by land of F. D.
^.Hc«.« v^«.vv. ^.«„. wu...y. .«. Vose. deceased. northMsterly by Und of Josiah Ben-
in Re Proceedings for partition of real estate of dece- "f «/ dece»ed, and I.E. Finch. souihMsteriy by land
dent. Sur petition for rule on hci« and devisees. I «^r,^" Wagner, and southwesteriy by Ash street.
Now. X4th September, 1883, upon consideration of the 5*'^ lot having a front on A.sh street of 110 feet and a
abov; petition, a rule Is grime^upon the devisees and <*«P«»» ^^ 83 feet, containing 8.964 square feet of land ;
heirs ind othir parties interested to appear in open'*'! ""P.T?^' with one two-storv frame dwelling house
court, on the 13th day of October, 1883, kt 10 o'clbcki*"J,^ a^d'^on, outbuildings, and fruit trees thereon.
A. M., and accept or refuse the real «ute at the val-!, P"*?**^ ^^/ * ^° ^^ ^^""^ *"? f'^V aj^^^^'d,
uatlon returned, or make bids on the same, or show! ^"n<*«d T't'^fiff'^* ^^^p^ u^ •'•'l" ^=»Pf'
cause why the skme shall not be sold on their neglect !"?">«" <^^'y ^V »^"<*o^ *• ^. Fmch. southeasterly by
or refusal to accept the same.
In pursuance of the above order, notice is hereby
S'ven to Charies Houpt, of New Philadelphai, Ohio,
iba Houpt, Sallie Crane, and Beniley F. Crane, of
Shalersville, Ohio, Bamet Houpt, of White Pidseon,
Michigan, Cornelius S. Robbins. of Dodgeville. Iowa,
and Linda Raub and Edgar E. Raub, of Leadville,
Colorado, and all other non-residents of this Common-
wealth interested in said estate, to appear in Orphans'
Court, on the i^th day of October, 18&1, at 10 o'clock
A. M., in accordance with said order of the Orphans'
Court.
[»BAi.] JOSEPH HENDLER,
38-40 Clerk O. C.
Cinderella street, and southwesteriy by Ash street,
said lot having a front on Ash street of n feet and a
depth of 83 feet, conuining 6,557 ^uare feet of land;
all improved, with one two-story dwelling house, one
small i^-story frame house, and fmit trees thereon.
Terms of Sale — 25 per cent of the whole purchase
money down at the time of sale, and 25 per cent on the
•onfirmation of sale, and the balance, with interest
from the confirmation, in six months from the day of
confirmation.
B. F. LOUDER,
W. S. McLEAN, Trustee.
Attorney. 38-40
IN RE PARTITION OF THE ESTATE OF
John Davis, late of Jenkins township, Luzerne
county, Pennsylvania, deceased. Now, June 30, 1883,
upon filing petition and motion of counsel, court grant
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 109, February term, 1883. Libel in divorce a vin-
culo matrimonii. Margaret A. Seibert, by her next
friend, Henry Klinger, v. W. G. Seibert. The alias
subpoena in the above case having been rettimed non
. : .-._» .. .u-. _-.:.* \u n c_:i » u k
TuU on helri and all persons interested to appca7and|"'.'^^"««»' V^"' '*»f '"JJ? ^ ^ ^w"*! ^^^^ u ''"'^
accept or refuse the Wl esute at the vafuLtion, or "?»iM '<>. appcar at said court, on Monday, the 19th
make bids on the same, or show cause why the same
shall aot be sold on their neglect or refusal to accept
the same. Notice of this rule to be given to parties
interested resident within the county as directed by
law, and to. parties interested non-residents of the
county by publication in a weekly newspaper published
in Luzerne county and in the Luzerne Legal Register
for three successive weeks, and a copy of each to be
mailed to the last known pUce of abode of such non-
resident parties. Returaaole on Monday, October 8,
1883, at 10 A. M. Bv THE Court.
In pursuance of the foregoing order of court, notice
is hereby given to John P. Davis, of Harmony, Clay
county, Indiana, and Thomas R *"
of November, 1 883, at 10 o^clock A. M., to answer the
complaint therein filed.
WILLIAM rVMALLEY,
P. KISNER. Sheriff.
Solicitor. 40-43
City, Osage county, Kansas, to appear at the time above
mentioned and for the purpose therein mentioned.
T. J. CHASE,
EDWARD A. LYNCH,
37-40 Solicitors.
I
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 5J4, May term, 1883. Libel in divorce a vinculo
matrimonii. Lavina Jones, by her next friend, Frank
Craig, ▼. Joseph S. Jones. To Joseph S. Jones —
Please take notice that the court has granted a rule on
you to show cause why a divorce a vinculo matrimonii
Davis, of Opaque shall not be made and entered in Cavor of the libctlant.
service of the subpoena havinj^ failed on account of
your absence. Returnable on Saturday, October X3tb,
1883, at xo o'clock A. M.
W. H. HINES,
40-41 Solicitor.
99
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LUZERNE COUNTY, ss : |
In the Court of Common Picas of said county, '
No. 232, May term, 1883. Libel in divorce a vinculo
matrimonii. Francis Trumbower v. Sophia Trum-
bowcr. To Sophia Trumbower— Please take notice
that the court has granted a rule on you to show cause
why a divorce a vinculo matrimonii shall not be made
ana entered in favor of the libellant, service of the
subpoena having failed on account of your absence.
Returnable on Saturday, the 20th of October, 1883, at
10 o'clock A. M.
M. E. WALKER,
40-4 1 Solicitor.
AUDITOR'S NOTICE.
Estate of John Ulanchard, deceased. In Re
Proceedings in Partition. The undersigned, an Audi-
tor, appointed by the Orphans' Court of Luzerne {
countv to ascertain whether there are any liens or other
incumbrances on the real estate taken in partition, and
to marshal the same, also to ascertain and apportion'
owelty and the costs and expenses of partition, and
also to state the amount of recognisances to be given,
etc., will attend to the duties of his appointment, at
his office, in the city of Wilkes- Barre, on Saturday, the
6th day of October, 1883. at 11 o'clock A. M., at which
time and place all persons interested are hereby noti-
fied to attend and present their claims.
GEO. K. POWELL.
37-40 Audito r.
AUDITOR'S NOTICE. ~
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Lurcrne county to distrib-
ute the fund arising from the Sheriff's sale of the real
esute of Ellen Lutsey. will attend to the duties of his
appointment, at his office, Harvey Buildings, Franklin
street, in the city of Wilkes-Barre, on Saturday, the
13th of October, 1883, at 9 o'clock A.M., at which time
and place all persons having claims against said fund
arc notified to present the same, or be forever debarred
from coming in on said fund.
JOHN B. REYNOLDS.
38-41 Auditor.
ESTATE OF HENRY KOEPER, LATE 1)1''
Wilkes-Barre. deceased.
Letters testamentary upon the above named esute
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
CATHARINE KOEPER,
35-40 Executrix.
ESTATE OF DAVID MACKOWN, LATEOF
West Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY E. MACKOWN,
35-40 Administratrix.
ESTATE OF SAMUEL RODGERS, LATE OF
Plymouth township, deceased.
Letters of administration upon the above namfld
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to oukc
payment, and those having claims or demands to pre-
sent the same, without delay, to
WILLIAM RODGERS.
C. W. McALARNEY, Plymouth, Pa.
Attorney. 39-44
ESTATE OF JESSE HART, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOHN HART,
A. R. BRUNDAGE, Rock Glen, Pa.
Attorney. 3»^
ESTATE OF JOHN E. LEWIS, LATE OF
Plains township, deceased
J<eiters of administration upon the abov« named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY ANN LEWIS.
C. H. WELLS & SON, Pbins, Pa.
Attorneys. 39-44
ESTATE OF ROBERT MAJOR, LATE OF
Lehman township, deceased.
Letters testamenur>' upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
THOMAS H. MAJOR.
A. R. BRUNDAGE. Cease's MiU. Pa.
Attorney. 39-44
ESTATE OF LEON SACKS, LATE OF THE
borough of Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persoos
indebted to said estate are requested to msuce payment,
and those having claims or demands to present the
same, without delay, to
FANNY SACKS,
JOS. D. COONS, Pittston, Pa
Attorney. 39-44
ESTATE OF JOHN S. JENKINS, LATE OF
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to tnc undersigned, all per-
I sons indebted to said estate are requested to nuke
payment, and those having claims or demands to pre-
sent the same, without delay, to
HANNAH L. JENKINS.
DICKSON & ATHERTON, Wyoming, Pa.
Attorneys. 39-44
ESTATE OF CATHARINE SMYTHE, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
^?.nin'l*'on^ ^S ^'''t '^^^'^ ^."^ requcsied to make having been granted 'to "the undersignedTall
s^n'tTe^iame. wiXut'J^S^yj'fr °^ '^"'""^ '' P- indebted to.saSi e.ute are requested tfmate p
E. E. WILLIAMS,
40-45 Wilkes-Barre, Pa.
ESTATE OF ZACHARIAS GINTHER, LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
ESTATE OF DANIEL WILLIAMSON, LATE
of West Pit^ton. deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
ELISHA H. WILLIAMSON,
L. D. SHOEMAKER, Pittston, Pa.
Attorney. 40-45
100
paymcst.
and those having claims or demands to present the
I same, without delay, to
I DOROTHEA GINTHER,
39-44 Hadeton, Pa.
ESTATE OF NIKOLAUS HILDEBRANDT,
late of Wright township, deceased.
Letters testamentar>' upon the above named estate
having been ^nted to the unoersigned, all person
indebted to said estate are requested to make payneat,
and those having claims or demands to present the
.same, without delay, to
GEO. C. HILDEBRAND,
39-44 Mountain Top, Pi.
I
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ESTATE OF MATTHEW LARNER, LATE OFi
Pittston, deceased.
Letters of administration upon the above named |
estate having been granted to tne undersigned, all per- 1
sons having claims against the same will present them
for payment, and those indebted thereto will please
naake immediate payment to
JOHN A. COLLIER,
JOHN T. LENAHAN, Administrator.
Attorney. 35-40
ESTATE OF DANIEL BRADER. LATE OF
Salem township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
SARAH BRADER.
C. B. JACKSON, Executrix.
Attorney. 38-43
ESTATE OF WILLIAM WITCRAFT, LATE
of White Haven, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
E. P. MORRIS,
G. L. HALSEY. Administrator.
Attorney. 37-42
ESTATE OF SAMUEL MOVER, LATE OF
Nescopeck township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
HOMER SMETHERS,
C. B. JACKSON, Administrator.
Attorney. 37-4*
ESTATE OF JAMES VINCENT, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them {
for payment, and those indebted thereto will please
make immediate payment to
ELIZABETH VINCENT,
GEO. H. TROUTMAN, Administratrix.
Attorney. 38-43
ESTATE OF DANIEL BROWN, LATE OF
Sugarioaf township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILLIAM H. BROWN,
37-42 Administrator d.b.n. c.t.a.
ESTATE OF TAMES CARR, LATE OF THE
borough of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN O'BOVLE,
37-43 Administrator.
ESTATE OF LAURA MILLARD, LATE OF
Shickshinny, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
I. P. HAND,
37-42 Administrator.
ESTATE OF CHARLES MOVER, LATE OF
Nescopeck township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all Letters testamentary upon the above named estate
persons having claims against the same will present having been granted to the undersigned, all persons
them for payment, and those indebted thereto will having claims against the same will present them for
please make immediate payment to payment, and those indebted thereto will please mahe
HOMER SMETHERS, immediate payment to
C. B. JACKSON, Administrator. JONATHAN E. BULKELV,
ESTATE OF LVDIA M. RABERT, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WESLEV RABERT,
C. B. JACKSON, Administrator.
Attorney. 37-4^
ESTATE OF BARNEV HUNSINGER, LATE
of Black Creek township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
SAMUEL BENNER,
37-43 Administrator.
ESTATE OF EDWARD MORGAN, LATE OF
Parsons, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present thtm
for payment, and those indebted thereto will please
make immediate payment to
PATRICK COX,
37-42 Administrator.
ESTATE OF JAMES E. CLARKE, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARV CLARKE,
37-42 Administratrix.
ESTATE OF ELIZABETH BULKELV, LATE
of Wilkes-Barre. deceased.
Attorney,
37-4'
P STATE OF MICHAEL NALLON,
, LATE OF
Pittston. deceased.
Letters testamenury upon the above named estate
having been granted to the undersigned, all persons
having claims against the same will present tnem for!
payment, and those indebted thereto will please make
immediate payment to
MARTIN GERIGHTY,
MICHAEL TOOLE,
D. S. KOON, Executors.
Attorney. 35-4o
2
S. J. STRAUSS,
Attorney.
Executor.
35-40
ESTATE OF THOMAS LVNN, LATE OF
Pittston, deceased.
Letters testamentary upon the above named estate
haA'ing been granted to the undersigned, all persons
having claims against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
MICHAEL BOLIN,
F. C. MOSIER, Executor.
Attorney. 35-40
I
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The Luzerne Legal Register.
Vol, XII. Friday, October 12, 1883. No. 41.
dnpreme Conrt of Pennsslmnia.
Hill et al, v, Pennsylvania Mutual Fire Insurance Company.
A covenant in an insurance policy that it shall be void if the property becomes incumbered by a
judgment is violated by the entry of a warrant of attorney annexed to a bond in which the
insured is an obligor, although the condition of the bond was never broken, and there was no
time at which execution could have issued on the judgment. The question is simply whether
the property was incumbered, without regard to whether it might be taken in execution.
Error to the Court of Common Pleas of Luzerne county.
The opinion of the court was delivered April 30, 1882, by
Paxson. J. — We cannot reverse this case without making a new
contract between the parties. The policy of insurance under
which the plaintiffs claim to recover contains this clause: "If,
after insurance, the risk shall be increased by any means whatso-
ever, or if the property . . shall be encumbered by judgment,
mortgage, or otherwise. . . and the assured shall neglect or
fail to give written notice thereof, and pay such additional premium
as the company shall determine, and obtain written consent of
the company to a continuance of the policy, such insurance shall
be void and of no effect."
It was not denied that during the life of the policy a judgment
was entered against the assured in the sum of eight thousand
dollars. This judgment was an encumbrance upon the insured
premises within the meaning of the policy. It was contended,
however, that as the condition of the bond was to restore certain
personal property which had been levied upon by the sheriff, or
pay the amount of the execution, with costs, and said condition
had never been broken, there was no point of time when execu-
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324 Hill v. Insurance Company.
tion could have been taken out on the judgment, and hence it
was not such an encumbrance as was contemplated by the policy.
This is arguing in a circle. It is not a question of execution, but
of encumbrance. There was a judgment and a lien. That the
condition of the bond was not broken is not material. A judg-
ment for borrowed money may be upon record for years, and yet
no right to an execution exist during all that time. This is
always the case when the money is paid at maturity. In either
case, an execution may issue upon breach, and not before. I am
unable to distinguish this case from that of an ordinary judgment
for bgrrowed money. The theory upon which the clause in the
policy rests is, that encumbered property is not as safe a risk as
property that is free from liens, and many companies require a
higher rate of insurance in such cases. It is so with the defend-
ant company, and it depends upon the ground that the assured
has not paid the increa.sed premium for the increased risk. That
it was an increased risk is fixed by the terms of the policy and
the agreement of the parties. It is not an open question for our
consideration. The terms of the policy arc not ambiguous, and
do not need construction; hence Butz 7^ The Insurance Co. (6
Wr. 285) and other cases cited have no application.
The argument that the judgment was entered without the
knowledge of the assured is without force. It was entered upon
his confession, and he is chargeable with knowledge. A man
who gives a judgment or mortgage knows that it may, and prob-
ably will, be placed on record. He may not have actual knowl-
edge of the time of its entry; but the act is his, and he must be
held responsible therefor.
I am aware that it has been held in Green v. Homestead Fire
Insurance Co. (82 N. Y. 518). and other New York cases, that
mechanics* liens arc not encumbrances within the meaning of
similar clauses in fire insurance policies. These cases, however,
go upon the ground that the liens were not entered by the con-
sent or procurement of the assured. These cases are not analo-
gous, and do not apply.
If the assured here had notified the company defendant of the
encumbrance, and had obtained its written consent to the con-
tinuance of the policy, that fact was peculiarly within his knowl-
Digitized by VjjOOQIC
Eley*s Appeal. 325
edge, and should have been proved by him. As he did not do
so, we may fairly presume the fact is not so.
This may be a hard case, but the less we say about that the
better. Our province is to administer the law as we find it. Its
proper administration will sometimes work individual hardship;
but this is true of the application of all general rules. It is a
much less evil than to construe the law to meet the supposed
hardship of particular cases.
Judgment affirmed.
Q. A. Gates, Esq., for plaintiffs in error.
William S. McLean, Esq., for defendant in error.
Supreme dourt of Ipenusglmnia.
Eley*s Appeal.
Testator died, leaving ten children. His estate consisted mostly of a tract of land valuable for
agricultural purposes, but immeasurcably more so for coal purposes. He gave to seven of his
children each a tenth part of his estate absolutely. To each of the three others he gave the
" interest or income " of a tenth part during their lives respectively, remainder over to children,
vesting the estate in trust for that purpose. He authoriied his extcutors, first having obtained
the written consent of a majority of the beneficiaries, to sell the whole estate, or to lease the coal
under the same. Executors, having complied with the directions of the will in this behalf,
leased the coal. The fund accruin.^ under the coal lease was brought into the court below for
di'^tribution. The life beneficiaries were awarded only the interest on their respective shares
of the fund : Held, reversing the court below, that these beneficiaries were entitled to their
respective shares of this fund absolutely.
Appeal from decree of the Orphans' Court of Luzerne county\
[For opinion of court below, see 12 Luz. Leg. Reg. 55 ]
The opinion of the court was delivered October I, 1883, by
Sterrett, J. — The fund for distribution accrued from the coal
lease executed by the surviving executor of Jas. Eley, deceased,
pursuant to the power contained in the last will and testament of
said decedent; and the main question is, whether, under the pro-
visions of the will hereinafter referred to, that part of the fund in
which appellants are respectively interested is to be treated as
capital or income.
In the body of his will the testator gave absolutely to each of
Digitized by VjjOOQIC
326 Eley's Appeal.
his nine children, except his son, John, and to the children of
his deceased daughter, Jane, one-tenth of all his property, real,
personal, and mixed. He also gave a like portion of his estate
to the children of his son, John, to be equally divided among
them at the death of their father; and further directed that the
portion thus given to his grandchildren should be held in trust
by his executors during the lifetime of his son, John S. Eley,
to be paid to his son by the executors during his natural life.
The testator authorized his executors "to sell and dispose of all'*
his real estate, ** or to lease the coal upon or under the same, and
to convey the same to the purchasers by good and sufficient
instruments of writing;" provided, however, that before selling
or leasing the same the executors shall first have "the written
consent of owners of six-tenths of the premises;" and provided,
also, that a specified portion of the surface shall not be sold for
fifteen years after testator's death. By a codicil of his will, testa-
tor revoked the bequest to his daughter, Elizabeth Weaver, who
in the meantime had intermarried with John Deitweiler, and in
lieu thereof directed that f>ortion of his estate which, in the body
of his will, he had given to her to be held in trust by his execu-
tors during her natural life, "the interest or income arising"
therefrom to be paid to her during her natural life. By a subse-
quent codicil, he also revoked the bequest to his son, Thomas,
and in the same connection devised and bequeathed the same
one-tenth part of his estate to Abraham Lines, in trust, never-
theless, to pay to testator's son, Thomas, "all the income arising
from the said portion during the natural life of said Thomas, and
upon his death to convey in fee the said portion to the proper
heirs of said Thomas Eley."
At the time of his decease, the testator's estate consisted chiefly
of a tract of land in the heart of the Wyoming coal field, valuable
for agricultural, but vastly more so for coal mining purposes. It
is very evident that the general purpose of the testator was to
provide for his children by giving them an estate in the land, and
in order that they might the better enjoy the same, he invested
his executors, and the survivor of them, with power to sell and
dispose of all or any part of the real estate, or to lease the coal
upon or under the same, but not until the owners of six-tenths of
Digitized by VjjOOQIC
Eley's Appeal. 327
the premises gave their written consent thereto. The requisite
majority of owners deeming it advisable to lease the coal, signi-
fied their election to do so by joining with the surviving executor
in the lease, from which the money for distribution was realized.
Seven of the ten shares were absolute gifts, and as to them, of
course, no question arose. The other three were given to the
executors, in trust for the benefit of appellants, respectively, dur-
ing life; and, as already stated, the question is, whether the
money accruing from the lease is to be considered income in the
sense in which that word was employed by the testator, or capital
to be invested, and only the interest thereof paid to appellants
respectively. In seeking for the testator's intention, we derive
little or no assistance from that class of cases in which it has been
properly held that a lease of the exclusive right to mine and
remove coal or other minerals, without limitation as to quantity
or time, is practically a sale of the coal or other minerals in place,
and consequently a sale of a portion of the land itself. The word
income means the gain which accrues from property, labor, or
business. In its ordinary and popular meaning, it is strictly
applicable to the periodical payments, in the nature of rent, which
are usually made under coal and other mineral leases, and we
have no doubt it was used in that sense by the testator. In the
absence of any provision, express or implied, that the payments,
in the nature of rent, shall be accumulated for the ultimate benefit
of those in remainder, it would be a strained and unnatural con-
struction of the will to hold that he intended to give appellants
only the annual interest on the installments of rent. The fact
that they are tenants for life by virtue of the will of the owner,
and not merely by operation of law, as in the case of tenants by
the courtesy, etc., must not be lost sight of *In the latter case
the right of the life tenant is absolutely fixed and determined by
law, while in the former the extent of the rights appurtenant to
the life estate must be determined by the will, construed in
accordance with the intention of the testator. If testamentary
life tenants are authorized by the will creating their estate to
open and work new mines or quarries, or, what Ms the same
thing, to lease the minerals for that purpose, the remainder men
are necessarily without remedy for any injury that may be thus
Digitized by VjjOOQIC
328 Eley's Appeal.
done to their inheritance, because the will by which the life ten-
ancy, with its incidents, was created is paramount, and they take
subject to all the rights and privileges of the life tenant. The
reason why tenants for life, as a general rule, cannot open and
operate new mines is because it would be a lasting injury to the
inheritance; but their right to operate previously opened mines,
and work the same, even to exhaustion, cannot be questioned.
Neel V. Neel, 7 Harris, 323; Irwin v. Covode. 12 Harris, 162;
Griffin V. Fellows, 32 P.F.Smith, 114; Westmoreland Coal Co.'s
Appeal, 4 Norris, 344. By empowering his executors, with the
written consent of six-tenths of the owners, to lease the coal for
mining purposes, the testator virtually gave appellants the same
rights they would have had if the mines had been of>ened and
operated in his lifetime. The instrument, by which their equitable
life interest was created, authorized the leasing of the coal, and
in the absence of any provision to the contrary, they are entitled,
by virtue of their life interest, to participate in the proceeds or
income accruing from the lease. As has already been observed,
there is no provision for the investment of the proceeds of the
lease for the benefit of those in remainder. In Daly v. Beckett
(24 Beavan, 1 14) one of the questions was whether the power
contained in the deed of settlement was sufficient to authorize the
lease of unopened mines, and the other question was whether the
tenant for life was entitled to the proceeds of the mines opened
under the lease, or only the interest thereon. After decided the
first point in the affirmative, and sustaining the lease, the master
of the rolls says: "With respect to the second point, as to how
the produce of the mine is to be considered, I must treat it . .
as if this was an ordinary power to lease the mines and minerals,
in which case all the authorities establish this, that the produce
of the mines is made part of the annual profits of the estate, and
that whether in royalties, or in whatever other way it is produced,
it forms part of those profits," and it was accordingly held that
"the royalty reserved by the lease was in the nature of rent, and
was payable to the tenant for life, and did not form corpus^ In
any view that can reasonably be taken of the subject, we are
satisfied the testator intended that appellants should each receive
during their respective lives a full share of the proceeds of the
Digitized by VjjOOQIC
Eley's Appeal. 329
coal lease, and not merely the interest thereof. If, under the
power contained in the will, the land, including the coal, had
been sold, it will not be questioned that appellants would each
have been entitled to the interest on one-tenth of the considera-
tion mQ|iey during the time of their natural lives respectively;
and we think it equally clear that when* the requisite number of
the beneficiaries under the will elected to avail themselves of the
power given them to lease the coal, they are each entitled to
one-tenth of the proceeds or income derived from the lease. On
their ordinary signification, and as the testator himself doubtless
intended they should be understood, the expressions, " income
arising from the same," "income arising from the tenth part of
my estate," and "all the income arising from said portion," as
applied to a lease like the one before us, mean the current pro-
ceeds of the lease, and not the interest which would accrue from
the investment of the proceeds.
We are not prepared to say there was error in refusing to hold
that Thomas Eley. one of the appellants, took an estate in fee
under his father's will. It is impossible to mistake the intention
of the testator in revoking and changing his bequest to his son,
Thomas, as he did in the codicil. Instead of giving him one
share absolutely, as he had done in the body of the will, he
devised the whole to a trustee, for the purpose of securing the
payment of the income to Thomas during his natural life, and at
his death the conveyance of the corpus to those who may then be
his legal heirs. It is a mistake to suppose that the trust is not
an active and continuing one. The legal title is vested in the
trustee, and upom him are devolved active duties, such as the
care and management of the estate, collecting and paying over
rents, income, etc.
Decree reversed at the costs of the appellees, and it is ordered
that the record be remitted with instructions to distribute the
fund in accordance with this opinion.
Hon. G. M. Harding and John McGahren, Esq., for plaintiffs
in error.
T. H. B. Lewis, Esq., and Messrs. Dickson & Atherton, for
, defendants in error.
Digitized by VjjOOQIC
330 Ross' Estate.
©rpfjans' Court of Cu^mt Countg.
Ross' Estate.
1. As a general rule, nothing earned by a corporation can be regarded as profits umil it shall have
been declared to be so by the corporatkyn hself, acting by its board of managers. The &ct iha^
a dollar has been eanMd gives no stockholder kbe right to claia» it until the oorporotioo decider
to distibute it as profit. Morris' Ap(>eal (a Norris, 269) followed.
2. The income or dividend from bank stock was bequeathed to the testator's widow for life. She
died June 33, and a dividend was declared on the a9tb day of the same month : HrUi, that her
esute was not entitled to any portion of the same.
Apportionment of dividends on stocks to legatees, etc.
The opinion of the court was delivered August 6, 1883. by
Rhone, P. J. — The testator bequeathed to trustees certain
bonds, "and also one hundred shares of the stock of the Second
National Bank of Wilkes- Barre, upon the express condition that
they, the said trustees, shall collect and receive the interest, divi-
dends, and profits to accrue upon the said bonds and stock as the
same shall become payable, and pay over the same to my said
wife, Ruth T. Ross, during the whole term of her natural life,"
and upon her death then the said trustees ''shall have and hold
the said bonds and stock absolutely, equally to be divided be-
tween them/* The widow died June 23, 1882, and on the 29th
day of the same month the said bank declared a semi-annual
dividend on the said stock amounting to $300.
The question now is whether the said dividend belongs to the
estate of Mrs. Ross or to the said trustees. This question has
been raised by counsel on citation to the trustees to account, and
their answer that the dividend does not belong to the said estate,
but to them personally under said will.
The bequest to the widow is not strictly an annuity, but is of
the accruing income or dividends on the stock, and yet the rules
of law relating to the rights of annuitants for life are to some
extent applicable. We have come to the conclusion that the
money does not belong to the estate of the widow. "As a gen-
eral rule, nothing earned by a corporation can be regarded as
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Ross' Estate. 331
profits until it shall have been declared to be so by the corpora-
tion itself, acting by its board of managers. The fact that a
dollar has been earned gives no stockholder the right to claim it
until the corporation decides to distribute it as profit." Morris'
Appeal, 2 Norris, 269. This case belongs with Biddle's Appeal
(11 W. N. C. 244) and Vinton's Appeal {ibid, 246), and the cases
there cited, which discuss the question of what is capital and
what is income where there has been an increase in the value of
stock, bequeathed in terms similar to those in hand. This class
of cases seems to show that each one is decided on its peculiar
circumstances, rather than on any broad, well settled rule of law.
In E^rp's Appeal (4 Casey, 374) Lewis, C. J., says "that there is
a general rule of law which forbids apportionment, in respect of
time, in cases of periodical payments becoming due at fixed
intervals, but this rule is founded on convenience, and not on the
equitable rights of parties in interest. It is, therefore," says he.
•* subject to exceptions wherever the purposes of justice require
the correction of injuries arising from the uniformity of the law."
He then cites several examples as exceptions to the rul^, and
adds, *' In ordinary dividends on stock, periodically declared, the
intervals between the time of payment are so brief, and the sums
divided so small, that no great injustice can be done in following
the rule of convenience, while, on the other hand, the necessity
for it is usually very strong, arising from the difficulty of ascer-
taining the exact amount of profits during fractions of the period."
An apportionment was made in that case only because of the
long aecrued income, and the same was done in McKeen's Appeal
(6 Wright, 479) for the same reason.
As we have before said, in cases like this the dividend or
income is not due ^t fixed intervals, nor does it accrue from day
to day, so as to bring the widow within the exception to the
general rule laid down in Blight v. Blight (i Smith, 420) and
cases there cited. That is to say, if the bequest to her had been
a definite sum, payable at fixed intervals, or if it had been the
income of a fund drawing a stated rate of interest, her estate
would be entitled to such share of the same as had accrued to
the day of her death, but under this will she was only to have
such dividend as her trustees should collect when "payable,"
Digitized by VjjOOQIC
332 Casner's Estate.
hence there was nothing ever due her until the dividend was
declared. See Stewart v. Swain, 7 W. N. C. 407. For the stat-
utory alteration of the common law rule, see Williams on Exec-
utors, Am. Ed. 1877, p. 906, et seq. See also note {n) p. 913.
The proceedings in this case are, therefore, dismissed at the
costs of the petitioner.
Messrs. E. P. & J. V. Darling, for legatee.
Geo. R. Bedford, Esq., for estate.
<!Drpi)an9' €cmrt of £u^enu (Sotints.
Casner's Estate.
1. As a general rule, an administrator should sell immature crops on the ground, and not inrolve the
estate and himself in a transaction which may, and most likely will, lead to dissatis&ction and
loss ; and if he continues the farming, the burden is upon him to show that the estate was bene-
fited by his management.
2. Taxes assessed and levied before a decedent's death become a debt against his estate.
Exceptions to final account of administrator.
The opinion of the court was delivered August 6, 1883, by
Rhone, P. J. — The first exception relates to the charges of the
administrator for services in gathering the crops'. The decedent
died in July, 1881, in the midst of haying and harvesting his
grass and grain. The administrator, it seems, spent twelve days
in gathering the wheat and rye and ten days in housing the hay.
He also spent five days in gathering the oats. The vendue was
on September 20, when the corn, potatoes, and buckwheat raised
on decedent's farm were sold on the ground, there being no evi-
dence that they were sold on condition that the administrator
should gather them. Neither is it said whether these fall crops
were sold by the bushel or in the lump. It was clearly the duty
of the administrator to reap the grain already ripe and prepare it
for the sale, and for this we must allow him for seventeen days
at the undisputed wages of ^3 per day, in all ^51.
In a contest between the heir and the administrator, or the
Digitized by VjjOOQIC
Casner's Estate. 333
decedent*s creditors, growing grass is probably not assets of the
estate, but here the grass was taken without objection, and sold
as a part of the decedent's personal estate. This being the case,
there can be no just reason why the administrator should not be
allowed for gathering it. We, therefore, allow for this service
ten days at $i for himself, team, etc., in all ^30.
We cannot allow the administrator anything for his services in
gathering the fall crops for two reasons. 1st. There is no evi-
dence that the sale was made on any such conditions. 2d. It
was not the duty of the administrator to carry on the farming
any longer than was necessary to put the crops in shape for
market at an advantage. He should have shown that the estate
was clearly benefited by his management. As a general rule, an
administrator should sell immature crops on the ground, and not
involve the estate and himself in a transaction which may, and
most likely will, lead to dissatisfaction and loss. We, therefore,
conclude not to allow the balance of his claim, namely, the sum
of j;24.
The second and third exceptions were not pressed on argu-
ment, and are dismissed.
The fourth exception is not sustained, as it would seem that
the taxes were undoubtedly assessed and levied before the dece-
dent's death, in which case they became a personal charge against
him. Reed's Estate, 4 Phila. Rep. 375; i Rhone's O. C. Prac.
657, et se^.
The fifth exception is sustained to the extent of allowing wages
for only eighty-six weeks at ^1.50, in all JI129, less ^65 in goods
and cash paid, as per the testimony of the lady who did the
service. We, therefore, refuse a credit on this item to the amount
of *93-50-
The sixth exception was withdrawn on the argument, except
as to the item of sewing machine, and as to this item there is no
evidence of its value, to say nothing of the fact that, under the
evidence, we are willing to pass it as a gift. This exception is
dismissed.
On the whole, then, we reduce the credits claimed by the
accountant as follows, viz. : Gathering fall crops, J24; wages of
Elizabeth, 1(93.50; in all $1 17.50; and we find the estate indebted
Digitized by VjjOOQIC
334 Thomas Hart Benton Lewis.
to the accountant only $83.81, for which sum we enter judgment
in bis favor. TTie costs of this i>roceeding to be paid out of the
estate.
Q. A. Gates, Esq., for exceptions.
Messrs. Dickson & Atherton^ contra.
Next in the order of seniority as a member of the Luzerne
county bar to the subject of our last preceding sketch comes
Thomas Hart Benton Lewis. Mr. Lewis is a native Luzerne
countian, having been born in Trucksville, Kingston township,
February 22, 1835. He is consequently at this writing consid-
erably more than forty-eight years of age. His father is James
Rowley Lewis, a native of Petersburg, Rensselaer county, N. Y.
He has practiced as a physician in this county over fifty-one
years, and is now the oldest in v;ears of our medical practitioners.
His first wife was Janette Hvs/of Schoharie, N. Y. He was a
teacher in Schoharie county, N. Y., until he removed to Penn-
sylvania over half a century ago. The mother of the subject of
our sketch was Nancy, a daughter of Alexander Ferguson, who
lived near Delaware Station, Warren county, N. J., where Mrs.
Lewis was born, but who afterwards removed to Dallas, in this
county, where he died. She was a lady of many virtues, and not
a few mental endowments.
From such progenitors came one of the least pretentious, but
one of the most painstaking and reliable attorneys on the roll of
the courts of Luzerne. Mr. Lewis was prepared for college at
Wyoming Seminary, in Kingston, where so many of our best and
most successful citizens received their preliminary education.
From here he entered the University at Lewisburg, from which
he graduated with honors in the year 1858. His legal attainments
were acquired in the office and under the tutelage of the late
Charles Denison, than whom he could have had no more talented
mentor. He was admitted to the bar August 22, i860, soon
achieving a creditable practice.
In the Centennial year Mr. Lewis, who had been a faithful fol-
Digitized by VjjOOQIC
Thomas Hart Bentom Lewis. 335
lower of the Democratic party during all its ups and downs, was
chosen a member of the State Legislature, as a Democrat,
although from the Republican Second district. In this position,
both as a committeeman and on the floor of the chamber, he did
his party and his constituents all that it was possible for one man
to do, being a Democrat in a Republican body, and showed him-
self possessed of many of the qualities and capacities of which
statesmen are made. He has frequently been a member of the
Town Council, and Secretary of that body, in our neighboring
borough of Kingston, where he has long resided and still abides,
and for whose advancement as a borough he has done signal
service. He is at present a member of the School Board of that
borough.
On May 17, 1865, he married Rosa M., a daughter of J. A.
Atherton, of Bridgewater, Susquehanna county. Pa. Mr. and
Mrs. Lewis have a family of six children, three sons and three
daughters, the oldest being a. son, now seventeen years of age.
Mr. Lewis is a leading Presbyterian, having been a ruling elder
in the Kingston church of that denomination continuously since
1 867, and was for five years superintendent of the Sabbath-school
attached to the church.
Perhaps his most marked characteristic is his quietness of
demeanor — his total lack of ostentation. He has, nevertheless,
the quality of geniality, and to those who know him is always
friendly and sociable. He is a pleasant companion, and. on those
subjects which most interest him, a fluent and, at times, an ani-
mated conversationalist. As a lawyer, he is studious, industrious,
religiously faithful to a client, and generally successful with his
cases. He figures but little in the Quarter Sessions, but in the
Common Pleas has realized a considerable practice, while in what
is called office practice he does a paying and successful business.
He is a man of ordinary height, of average build, and in many
respects prepossessing in appearance.
Digitized by VjjOOQIC
336 GusTAv Hahn.
Gustav Hahn was born near Stuttgart, in the Kingdom of
Wirtemburg, now a part of the great German Empire, on the 23d
of October, 1830. His primary education was acquired in the
Lyceum at Reutlingen, from which he entered the University of
Tubingen, where he graduated with honors. At the age of nine-
teen, under the law of Germany, he entered the army, and was
exceptionally fortunate in being in the service but two years,
graduating therefrom after a full military course. Being animated
by the desire of so many of his countrymen, he decided to emi-
grate to a new land, and on September 22, 1854, reached the
United States. Two months later he came to Wilkes-Barre, and
immediately entered the printing office of Robert Baur, editor
and proprietor of the Democratic Waechter, at that time the only
German Democratic publication in this section of the country.
He did chores for the office, served the paper to its comparatively
numerous subscribers, and learned the art of type-setting, and
subsequently came to be a writer for its columns of such conse-
quence that what he wrote was feared by its enemies and vene-
rated by its friends. In 1 855 he entered the law office of ex- Judge
E. L. Dana as a student of the law, and afterwards that of the
present Additional Law Judge, Hon. Stanley Woodward, from
which he was admitted to the bar, as a practitioner in the courts
of Luzerne county, February 18, 1861. During most of this
time, that is to say, from 1856 to i860, Mr. Hahn was Professor
of Modern Languages in Wyoming Seminary, at Kingston, and
for six months preceding his admission as a lawyer he was a
clerk in the office of the Prothonotary of the county, where he
acquired a knowledge of the forms and methods of practice in
the Common Pleas that has been of rare value to him ever since.
The enticements of the law, or of education, did not suffice,
however, to drown in Mr. Hahn the elements of patriotism to the
country of his adoption, and on April 20, 1861, he enlisted in the
Wyoming Jaegers, a noted military company in that day, which
marched to the State Capital the morning following, when Mr.
Hahn was elected Second Lieutenant of the company, which
Digitized by VjjOOQIC
GusTAV Hahn. 337
entered the service of Uncle Samdom as Co. G, Eight|;^ Regiment
Pennsylvania Volunteers. The company was sworn in for three
months. During the Antietam and South Mountain campaign
Mr. Hahn was Captain of Co. K, Nineteenth Regiment Pennsyl-
vania Volunteers, with which company he remained in command
until they were discharged, upon the retirement of the enemy.
But for disability contracted in the army while in Germany, Mr.
Hahn would have remained in the service. In 1864 he was ap-
pointed a United States Commissioner, which office he still hon-
orably retains.
Mr. Hahn married, December 7, 1861, Mehetabel A. Munson,
a descendant of Richard Monson, or Munson, an early Puritan
of New Hampshire. The family afterwards removed to New
Haven, and from there to Wallingford, Conn. The greatgrand-
father of Mrs. Hahn was Wilmot Munson, of Wallingford, where
he was born July 23, 1755 He was the son of Obadiah Munson.
Wilmot Munson was one of the earliest Connecticut settlers at
Wyoming, and occupied a farm on the banks of the Susquehanna
river below Port Blanchard, but returned to Connecticut before
the Massacre in 1778. Walter Munson, Mrs. Hahn*s grandfather,
remained in Connecticut until he reached manhood. After his
marriage with Mehetabel Trowbridge, he removed to Dutchess
county, N. Y., and from there to Greene county, and thence to
Luzerne county, in 1807. The father of Mrs. Hahn is Salmon
Munson, who was born on the homestead of his father, in Franklin
township, December 13, 1808, and where he still resides. The
mother of Mrs. Hahn was Ruhamah Hahn, «^^ Lewis, a native of
Orange county, N. Y. Her father was Oliver Lewis. The late
Revs. Oliver Lewis and George Lewis were her nephews, as are
also Revs. Joshua S. Lewis and George C. Lewis, of the Wyoming
Conference.
The Hahns are an old and distinguished German family, and
the representative thereof, of whom we now write, is a bright
and prosperous lawyer, besides being a popular citizen, who, as
President of the Wilkes- Barre Saengerbund, and in other civic
and military organizations, has earned a credit that cannot easily
be overstated. He is a gentleman full of fun of a good-natured
order, and nobody who thoroughly knows can dislike him.
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338 Edwards 7'. Jeremy.
(Court of Comniou picas of Cujcnit Countp.
Edwards et ux. v. Jeremy.
A writ of certiorari will not be quashed where it appears to have been issued within twenty da)-*
after execution, in such case we cannot say that the writ was iroprovidently issiicd.
CiJ'tiorari,
The opinion of the court was delivered November 20» 1882, by
Woodward, J. — The judgment before the alderman was en-
tered on May 31, 1877, and the certiorari was not taken until
April 3, 1882, although the defendants had notice and knowledge
of the entry of the judgment. It is argued that the proper order
would be to quash the writ, instead of affirming the proceedings,
and to this question our attention has been particularly directed.
It seems that on March 27, 1882, an execution was issued by
Alderman Parsons upon this judgment. The certiorari went out,
as has been stated, on April 3, 1882, and this was within the
twenty-day limit. The execution was returned **by order of the
alderman as per certiorari. No. 244, May term, 1882." It cannot
be said, therefore, that the writ itself was improvidently or ille-
gally issued. The motion to quash the writ must, therefore, be
denied.
The exceptions to the record must also be overruled. The
questions raised are fully disposed of by Judge Rice in the case
of Shupp et at, v. Ortz et ux, (Mss.), to which we refer.
The proceedings are affirmed.
Q. A. Gates, Esq., for plaintiffs.
E. D. Nichols, Esq., for defendant.
The average boy, when sent on an errand, develops wonderful
** staying qualities.*'
A man never knows what genuine poverty is until he has to
shave with soft soap.
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Sat 2 4
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THE EXAMINER,
41 Box 3661, New York.
LUZERNfe COUNTY, ss :
In the Court of Common Pleas of said county.
No. 34, May term, 1883. Libel in divorce a vinculo
matrimonii. Ida A. Jones, by her next friend, W illiam
Anman, v. John Jones. The alias subpoena in the
above cai>e having been returned non est inventus, you,
the said John Jones, are hereby notified to appear at
said court, on Monday, November 19th, 1S33, at 10
o'clock A. M.,to answer the complaint therein filed.
WILLIAM O'MALLEY,
E. D. NICHOLS. Sheriff.
Solicitor. 43*44
IN THE COURT OF QUARTER SESSIONS
of Luzerne county. No. 220, September sessions,
1883. In Re Additional Election District in Newport
township. Notice is hereby given that the report of
the Commissioners in the above stated case has been
filed with the Clerk of the Court of Quarter Sessions,
And was confirmed nisi by the court on the 5th day of
October, 1883, and that said report will be confirmed
absolutely by the court, unless exceptions thereto be
filed not Later than the third day of the next term of
said court.
LOUIS K.. STRENG,
Clerk Q. S.
41-43
3
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ESTATE OF BARNEY HtJNSlNGER, LATE
of Black Creek township, deceased.
Letters of adminUtratton upon the above named
esute having been granted to the undersigned, all pet-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
SAMUEL BENNER,
37-4a Administrator.
ESTATE OF EDWARD MORGAN, LATE OF
Parsons, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
PATRICK COX,
37-43 Administrator.
ESTATE OF JAMF^ E. CLARKE, LATE OF
Pittston, deceased.
Letters of administration upon the above named
^tate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
MARY CLARKE,
37-43 Administratrix.
ESTATE OF DANIEL BROWN, LATE OF
Sugarloaf township, (leceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for |>aymcnt, and those indebted thereto will please
make immediate payment to
WILLIAM H. BROWN,
37-43* Administrator d.b.n. c.t.a.
ESTATE OF TAMES CARR, LATE OF THE
borough of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
JOHN O'BOYLE,
37-42 Administrator.
ESTATE OF LAURA MILLARD, LATE OF
Shickshinny^ deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same.will present
them for payment, and tnose indebted thereto will
please make immeaiate payment to
I. P. HAND,
37-42 Administrator.
ESTATE OF DANIEL BRADER, LATE OF
Salem township, deceased.
Letters testamentary upon the above named estate
having been granted to uie undersigned, all persons
having claim.« against the same will present them for
payment, and those indebted thereto will please make
immediate payment to
SARAH BRADER,
C. B. JACKSON, Executrix.
Attorney. 3R-43
ESTATE OF JAMES VINCENT, LATE OF
Hazle township, deceased.
Letters of administration upon the above naxned
estate having been granted to the undersigned, all per-
sons having claims against the same will present theai
for payment, and those indebted thereto will please
make immediate payment to
ELIZABETH VINCENT,
GEO. H. TROUTMAN, Administratrix.
Attorney. 35-43
ESTATE OF CHARLES MOVER, LATE OF
Nescopeck township, deceased.
Letters o( administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immediate payment to
HOMER SMETHERS.
C. B. JACKSON, Administrator.
Attorney. 37-43
ESTATE OF LYDIA M. RABERT, LATE OF
Salem township, deceased
Letters of administration upon the above naxncd
estate having been granted to the undersigned, all per-
sons having claims against the same will present then
for payment, and those indebted thereto will please
make immediate payment to
WESLEY RABERT,
A. R. BRUNDAGE, Administrator
Attorney, 37-4>
ESTATE OF DANIEL WILLIAMSON, L.\TE
of West Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate arc requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
ELISHA H. WILLIAMSON,
L. D. SHOEMAKER, Pittston, Pa-
Attorney. 404?
ESTATE OF WILLIAM WITCRAFT, LATE
of White Haven, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per- j
sons having claims against the same will present them
for payment, and those indebted thereto will please^
make immediate payment to {
E. P. MORRIS, I
G. L. HALSEY, Administrator. I
Attorney. 37-4«
ESTATE OF SAMUEL MOVER, LATE OFl
Nescopeck township, deceased. I
Letters ot administration upon the above named
estate having been granted to tne undersigned, all |>er-j
sons having clainns against the same will present themi
tor payment, and those indebted thereto will pleaser|
make immediate payment to
HOMER SMETHERS,
C. B. JACKSON, Administrator.
Attorney. 37*49 1
ESTATE OF CATHARINE SMYTHE, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. E. WILLIAMS,
40-45 Wilkes-Barrc, Pa.
ESTATE OF ZACHARIAS GINTHER, LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
haviiig been ^janted to the undersigned, all persons
indebttfd to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
DOROTHEA GINTHER.
39-44 Haileton . Pa.
STATE OF NIKOLAUS HILDEBRANDT.
late of Wright township, deceased.
Letters testamenury upon the above named estate
having been granted to the unoersigned, all persow
indebted to said estateare requested to nuuce payment,
and those having claims or demands to present the
I same, without delay, to
GEO. C. HILDEBRAND,
1 39.44 Mountain Top, Pa.
2
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ESTATE OF SAMUEL RODGERS, LATE OF
Plymouth township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
MMis indebted to said estate are requested to make
payment, and those having claims or demands to pre-
«eot the same, without delay, to
WILLIAM RODGERS,
C. W. McALARNEY, Plymouth. Pa.
Attorney. 39-44
ESTATE OF JESSE HART, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said ^tate are requested to make
paj'ment, and those having claims or demands to pre-
sent the same, without delay, to
JOHN HART,
A. R. BRUNDAGE, Rock Glen, Pa.
Attorney. 39-44
ESTATE OF JOHN E. LEWIS, LATE OF
Plains township, deceased
l-etters of administration upon the above named
esute having been granted to tne undersigned, all per-
;»ons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
nuxt the same, without delay, to
MARY ANN LEWIS.
C H. WELLS & SON, Plains, Pa.
Attorneys. 39*44
ESTATE OF ROBERT MAJOR, LATE OF
Lehman township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
&ame, without delay, to
THOMAS H. MAJOR,
A R. BRUNDAGE, Cease's Mill, Pa.
Attorney. 39-44
ESTATE OF LEON SACKS, LATE OF THE
borough of Pittston, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
FANNY SACKS.
JOS. D. COONS, Pitision, Pa.
Attorney. 39-44
ESTATE OF JOHN S. JENKINS, LATE OF
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
HANNAH L. JENKINS,
DICKSON & ATHERTON, Wyoming, Pa.
Attorneys. 39-44
ESTATE OF HANNAH K, MERRITT, LATE
of Poughkeepsie, N. Y., deceased.
Letters testamentary upon the above named estate
ha\'ing been |^nted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
EDWARD MERRITT,
A. T. McCLINTOCK, Brooklyn, N Y
Attorney. 41-46
ESTATE OF JOHN W. GILLMAN, LATE OF
Wilkes-Barre. deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per«
sons indebted to said estate are requested to make
payment, and those having claims or demands to pure-
sent the same, without delay, to
JACOB GILLMAN,
RYMAN & LEWIS, Wilkes-Barre. Pa.
Attorneys. 41-46
ORPHANS' COURT SALE.
Estate of William Witcraft, dec'd. By virtue
of an order of the Orphans' Court of Luzerne county,
there will be sold at public sale, on the premises, on
Friday, November oth, 1883, at zo o'clock A. M., all
that lot of land on tne north side of the extension of
Berwick street, in White Haven, being No. 59 on said
street, containing in front or breadth on said Berwick
street 40 feet, and extending thence north 150 feet to
ail alley, bounded north by an alley, south by Berwick
street, east by lot No. 57, ano west by lot No. 61 .- all
improved, with a two-story frame dweiiiog house and
outbuildings thereon.
Tbkms of Salb—^oo of purchase down on day of
sale, and balance of purchase money on confirmation
of sale and deli veryof deed.
E. P. MORRIS,
G. L. HALSEY. Administrat6r.
Attorney. 41-43
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
esatc of Thomas Sink, will attend to the duties of his
appointment, at his office, on Franklin street, in the
city of Wilkes-Barre, on Saturday, November 3. 1883,
at zo o'clock A.M., at which time and place all persons
having claims against said fund are notified to present
the same, or be debarred from coming in on said fund.
G. L. HALSEY,
4' -44 Auditor.
ESTATE OF WILLIAM T. MERRITT, LATE
of Poughkeepsie, N. Y., deceased.
Letters testamenury upon the above named estate
having been granted to the undersigned, all persons
indebted to said esute are requested to make payment,
and those having claims or demands to present the
same, without deT.iy, to
M. F. MERRITT.
R. P. MERRITT^
SCHUYLER MERRITT,
A. T. McCLINTOCK, Poughkeepsie, NY.
Attorney. 41 -46
2
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of Ellen Lutsey, will attend to the duties of his
appointment, at his office, Harvey Buildings, Franklin
street, in the city of Wilkes-Barre, on Saturday, the
13th of October, 1883, at 9 o'clock A.M.. at which time
and place all persons having claims against said fund
are notified to present the same, or be forever debarred
from coming in on said fund.
JOHN B. REYNOLDS,
38-41 Auditor.
McLEAN A JACKSON,
Attorneys at Law,
Wilkbs-Barrb, Pa
CHA8. D. FOSTER,
Attorney at Law,
Wilkks-Barib, Pa.
W. 8. PARSONS,
Alderman,
Wilkbs-Barrb, Pa.
5
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The Luzerne Legal Register.
Vol. XII. Friday, October 19, 1883. No. 42.
Supreme Court of Pennsbmnia.
BucHER V. Commonwealth.
I. By " warehouseman, wharfinger, or other person," in the act of 24th of September, 1866, making
warehouse receipts negotiable, is meant one whose business is to receive goods with a view to
their return in specie, whether altered in form by manufacture or not.
a. For a receipt to be negotiable by that act, it must be issued by one who is, in fact, a warehouse-
man or wharfinger, or who is, like them, engaged in the business of bailee.
3. A warehouseman is one who receives and stores goods as a business for compensation or profit.
One who receives grain on immediate purchase or for future sale on account of the owner is not
a warehouseman.
4 If A. conveys his com to B., a dealer in grain, and leaves it with him, not intending ever to
remove it, unless he should fail to sell it to B. in a subsequent negotiation, B.'s later sale of it to
C. will be deemed the exercise of his option to purchase from A., and he will not be amenable
to the penalties of the act of 1866.
5. One indicted for parting with the possession of grain, for which he has issued a receipt, in form as
follows: " Kingston Station, May 14, 1881. Received of J Hettrick, per Kost, three hundred
and sixty-six and 48-56 bushels corn on store. (Signed) R. A. Bucher," without return of the
receipt, should, in the trial of an indictment therefor, be permiUcd to show that the receiptee
had, for a number of years before the issue of the receipt, delivered large quantities of grain to
the defendant, and always with the understanding that the grain so delivered was sold to the
latter, paying such prices as might rule on the days on which a settlement should be called for,
and that the com, for which the receipt in question was issued, was received under the same
arrangement.
6. A receipt, in fact, of a warehouseman, for goods received on deposit is within the operation of the
act of 1866, whatever may be its form. But a receipt, in form, for a deposit, may, in a criminal
proceeding, be shown to have been given by one not in the business of bailee, and not for articles
bailed, and so excepted from the scope of that statute.
7. The purpose of that act is to protect third persons, and not the depositor; hence consent of the
latter to a violation of it by the warehouseman would not exonerate him.
Error to the Court of Quarter Sessions of Cumberland county.
(Hon. D. Watson Rowe, holding special court.)
Robert A. Bucher was indicted under the act of September 24,
1866, entitled "An act relating to goods, wares, and merchandise
Digitized by
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340 BucHER V. Commonwealth.
in store and in transit, and to make receipts and bills of lading
therefor negotiable." The first count of the indictment charged
that, being a warehouseman, and as such engaged in the pur-
chase, shipping, and sale of wheat, rye, corn, etc., and the receipt
thereof in store, he received from Jesse Hettrick, in store, corn
of the value of $274, issuing therefor a receipt (the form appears
in the syllabus), and that he subsequently sold, shipped, trans-
ferred, and removed this corn beyond his control, the receipt not
being returned to him, with intent to defraud Hettrick. Two
other counts made similar charges with respect to wheat and oats.
At the trial, the fact of the issue of the receipt was established,
and also that, Bucher having made an assignment for the benefit
of creditors, not more than seventy-five bushels of corn were
found at his place of business by his assignee. Hettrick, witness
for the State, swore that Bucher "carried on a warehouse at
Kingston Station, received grain, etc., in store,*' and that before
the corn mentioned in the receipt above given was left by him
with Bucher, he had made an arrangement with the latter "to
put the grain there in store.*' The receipt was admitted in evi-
dence, despite the objection that (i) Bucher had not been shown
to be a warehouseman; (2) the receipt was not in form such as
was contemplated by the act of 1866. In his own behalf, Bucher
swore that his business was that of dealer in grain, coal, lumber;
of buying and selling the same; that he was not a warehouseman,
and had never taken a bushel of grain in store. He stated, in
respect to the corn in question, that he had told Hettrick before
he received it that he needed corn to fill contracts with third per-
sons; that Hettrick objected to the price then ruling, and pre-
ferred waiting till after harvest, to see what the prices might then
be; that he (Bucher) told him if he would let him have the corn
to fill his contracts he might wait till after harvest, and fix the
price by the rates then obtained, and that assenting to this prop-
osition, he sent the corn to Bucher's place of business in bags
got from Bucher, who instantly shipped it in cars standing there
when the corn was bought. Bucher was then asked by counsel
to say what his prior dealings with Hettrick had been, in order
to show that for a series of years he had received grain from
Hettrick under a similar arrangement to that just described. The
Digitized by VjjOOQIC
BucHER V, Commonwealth. 341
Commonwealth's objection that the written contract, i, e,, the
receipt, could not be explained by prior general dealings, and
that Bucher having stated an express contract with Hettrick as
to the corn in question, prior dealing could not be relevant as
explanation, was sustained, and the evidence excluded. This
was the fifth error assigned.
The third point of the defendant asked the court to instruct
the jury that, "unless the corn was received as a bailment, that
is, with the understanding that the property remained in Hettrick,
and was to be returned to him when demanded, the jury ought
not to convict." It was declined.
W. F. Sadler, Esq., and Messrs. Stuart & Stuart, for plaintiff
in error. Bucher must be shown to be a warehouseman. A
warehouseman is a bailee. Bouvier, Abbott, ad verb; Edwards
on Bailments. As to what is a bailee. Krause z/. Comlth., 12
Norris. 421; Comlth. v. Cart, 2 Pittsb. 495; Comlth. v, Frantz, 8
Phila. 612. When the receiver has option to pay a price for the
grain, or to return it or other grain, the transaction is a bailment.
Story's Bailment, § 439; Jones' Bailment, § 102; Chase f. Wash-
burne, 16 St. 244; Ewing v, French, i Blackf. Ind. 353; Buswell
V, Bicknell, 17 Maine, 346; Holbrook v. Armstrong, 10 Maine,
31. A receipt to A. for wheat "left in store, to take the market
price when he sees fit to sell," imports a sale. Ives v. Hartley,
51 III. 520; Lanergan v. Stewart, 55 111. 45. It must be affirma-
tively shown that the issuer of the receipt is a warehouseman.
Shepherdson v. Cary, 29 Wis. 34. The prior dealing between
the prosecutor and the defendant should have been admitted.
Lelar v. Brown, 3 H. 215; Hursh v. North, 4 Wr. 240.
Samuel Hepburn, Jr., and J. W. Wetzel, Esqs., for the Com-
monwealth.
The opinion of the court was delivered October 1, 1883, by
Gordon, J. — No exception can be taken to the charge of the
learned judge of the court below as a critical exposition of the
act of September 24, 1866 (P. L. 1867, p. 1363).
We have no doubt that he was strictly correct in saying that
the whole object of the act was to protect the transferee of what
are technically known as warehouse receipts. This kind of
Digitized by VjjOOQIC
342 BucHER V, Commonwealth.
paper, together with bills of lading and receipts for goods in
transit, are, by this act, made negotiable; hence for the protection
of those persons to whom this kind of securities are passed, it is
made a penal offence for any "warehouseman, wharfinger, or
other person," to issue any such vouchers for goods, wares, etc.,
unless he shall have actually received them into store. Neither
is such person or persons permitted to sell or incumber, " ship or
transfer, or in any manner remove beyond his control, any goods,
wares, merchandise, petroleum, grain, flour, or other produce or
commodity, for which a receipt shall have been given by him as
aforesaid, whether received for storage, shipping, grinding, man-
ufacturing, or other purposes, without the return of such receipt"
Nor is the learned judge less correct in his definition of the
intent of the act when he states that since the object of the statute
is to protect advances made on the faith of the fact that the goods
described in the receipt are actually in store, as may be stated in
that paper, and not for the protection of the depositor, it follows
that the consent of the persons storing the goods to the shipping
of them, without a return of the receipt, does not relieve the
warehouseman. He further well says "that the depositor has no
right to consent to a violation of the statute, which was not made
for his benefit, but for the security of the holder or transferee of
the warehouse receipt; that the agreement of the bailor and bailee
cannot so modify the act as to make lawful the shipping of the
property whilst such receipt is outstanding."
But, conceding this to be a true exposition of the law, as it
undoubtedly is, nevertheless it is clearly apparent that the law
is dealing with that class of securities which it has made nego-
tiable, and with none others. Moreover, as these vouchers, in
the nature of things, must be like many others which are not
negotiable, their character must depend altogether upon the
business of the person who issues them. That person must be a
warehouseman, or one who is engaged in a like business, for it
will not do to say that the receipt of a farmer who takes a horse
to pasture, or a mechanic who takes a wagon to mend, is nego-
tiable paper under the act of 1866, and that the farmer could not
return the horse, or the mechanic the wagon, without first lifting
that receipt. Penal statutes must be construed strictly, and must
Digitized by VjjOOQIC
BucHER V. Commonwealth. 343
not be extended beyond the evident intention of the Legislature,
as expressed upon their face. We must have regard to whom
and to what the act is intended to refer, and to nothing else. It
expressly indicates "warehousemen, wharfingers, and other per-
sons," and by "other persons" we must, of course, understand
those who are engaged in a like business, or who may connect
the business of warehouseman or wharfinger with some other
pursuit, such as shipping, grinding, or manufacturing. So the
goods stored or deposited must be so stored or deposited with
the intention that they shall be returned without change or substi-
tution, or in a manufactured state, to the owner or his transferee.
Such being the case, the depositee is strictly a bailee; hence the
defendant's third point should have been affirmed. Unless the
corn was received as a bailment, that is, with the understanding
that the property was to remain in Hettrick, and to be returned
to him when demanded, the jury ought not to have been allowed
to convict the defendant.
Thus, in the application of the law and facts to the case in
hand, we are brought to the question, first, what was Bucher*s
business? Was he a warehouseman? Prima facie, we would
say no. A warehouseman is one who receives and stores goods
as a business for compensation or profit. But Bucher made no
charges; neither was he a shipper, miller, or manufacturer. If,
then, he did not receive this grain merely for the purpose of
storage, the second question is, for what purpose did he receive
it? The answer from the evidence is, either for his own use as
an immediate purchaser, or for future sale on account of the
depositor, and certainly not for the purpose of holding it in specie
until called for by the bailor or his transferee. As conclusive
evidence of this, we need go no farther than the testimony of
Hettrick himself He says he never paid anything for storage;
that he did not receive the receipt for the purpose of negotiation,
and that he never intended to remove the corn, unless he could
not sell it to Bucher. If this means anything, it means that
Bucher had the option to purchase, and if he used the corn he
must be regarded as having exercised that option, and therefore
be treated as a purchaser. Moreover, this kind of dealing has
been going on for years, and certainly Hettrick, and everybody
Digitized by VjjOOQIC
344 BucHER V, Commonwealth.
else in that neighborhood, knew the character of Bucher's busi-
ness ; hence the offer of evidence on the part of the defendant, as
contained in the fifth assignment of error, ought to have been
admitted.
The court was not trying an action on a contract, but a crimi-
nal charge, under which the character of the business was of
prime importance, as giving character to the receipt issued by
the defendant. In the court below much stress was laid on the
form of this paper, though that particular had, in and of itself, but
little significance. The act of Assembly prescribes no form. If
the receipt is that of a warehouseman, it is negotiable, without
regard to its form, and to destroy that negotiability notice to that
effect must appear upon its face. On the other hand, unless it is
in fact or effect a warehouse receipt, no form will make it such.
The act was designed to meet a special business — a business that
enters largely into the commerce of the country — and it was not
designed to affect commission merchants, or any others, who, by
contract, express or implied, have the right to sell or use the
goods committed to their care. A receipt for such goods forms
but part of the contract from which it originates, and, from its
very nature, cannot become negotiable. Nor can we regard the
case in hand as otherwise than remarkable in this, that Bucher
and his customers should have gone on with this kind of dealing
for a period of eight or nine years, they delivering grain to him,
he disposing of it on his own contracts, and settling with them
from time to time at the market price, and that only after his
failure it should be discovered that he was in fact a warehouse-
man, and had no right thus to deal with the produce committed
to his care. We must confess that we cannot comprehend this
manner of treating a subject of so much gravity, and that to us
it looks very much like an after thought, which has unwittingly
been made effective in the court below for the punishment of an
insolvent debtor, though a perversion of the act of 1866.
Judgment reversed, and it is ordered that the record be re
manded to the court below for further proceedings.
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NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of Asscoi-
jbly, entitled "An Act to provide for the incoTporati<m
and regulation of certain corporations," approved 39th
[April, 1874. and the supplemenis thereto, tor the incor*
iporation of an intended corporation, to be called *' The
Edison Electric Illurainating Company," the character
and objects of which are the manufacturing and supply-
ling li^nt, heat, and power to the citizens of Hazleun
'and vicinity, and for these purposes to have, posseu,
and enjoy the rights, benefits, and privileges conferred
by said Act of Assembly and its supplements.
ELLIOm' P. KISNER,
43-44 Solicitor.
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NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of Judges of the
Court of Common Pleas of Luzerne county, under the
provisions of the Act of Assembly, entitled "An Aa
to provide for the incorporation and regulaticm of cer-
uin corporations," approved April 39, 1874, and the
supplements thereto, on Monday, November xa, 1863,
at 10 o'clock A.M., for the mcorporauonofan intexKled
corporation, to be called '* Ihe Dallas Cemetery Asso-
ciation," ihe character and object whereof is the main-
tenance of a public cemetery, and for this purpose to
have, possess, and enjoy all the rights, benefits, and
privileges of said Act of Assembly and its supplements.
WILLIAM P. RYMAN,
43-44 Solicitor.
SHERIFF'S SALE.
By virtue of a writ of al. fi. fa., issued out of the
Court of Common Pleas of Wyoming county, and to
me directed, there will be exposed to public sale, at
the Court House, in the borough of runkhann<x:k,
Wyoming county. Pa., on Saturday, November loth,
1883, at I o'clock P. M , the following described prcw»-
crty, to wit : AH the right, title, and interest of the
defendant in and to the following described piece,
parcel, and tract of land, situated m the township ot
Monroe, county of Wyoming, and State of Pennsylva-
nia, a portion thereof being m the township of Dallas,
county of Luzerne, and State of Pennsylvania, sur-
veyed in the warrantee name of William Dunn, and
known and described as the William Dunn tract, con-
taining 438 acres ot land, more or less ; excepting and
reserving 100 acres heretofore sold and conveyed to
O. C. Bigclow. 'i'he land 10 be sold is well timbered
and well adapted to lumbering, and has thereon erected
one tw9-btory frame dwelling house, 20 by 30 feet, and
outhouse, one first-class steam saw mill in good condi-
tion and ready for immediate use.
Seized and taken in execution at the suit of L. M.
Smith V. James Garrahan.
And will be sold for cash only, by
OLIVER EASTON,
43-44 Sheriff*.
ESTATE OF WILLIAM M AST ERSON. LATE
ot Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
Rkv. J. j. CUMMISKEY,
D. W. CONNOLLY, Hazleton. Pa.
Attorney. 4^-47
ESTATE OF OLIVER DAVENPORT, LATE
of Plymouth, deceased.
Letters of administration uuon the above tiamed
estate having been granted to tne undersigned, all per»
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
EDWIN DAVENPORT,
JAMES H. DAVENPORT,
J. A. OPP, Plymouth, Pa.
Attorney. 4^-47
2
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THE EXAMINER.
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1884. for TWEN I'Y CENTS.
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For sample cupies, terms to agents, etc., address
THE EXAMINER
4X Box 3661, New York.
ESTATE OF HANNAH K. MERRITT. LATE
of Poughkeepsic, N. Y., oeceased.
I Letters testamentary upon the above named estate
I having been ^nted to the undersigned, all persons
'indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
EDWARD MERRITT,
I A. T. McCLINTOCK, Brooklyn, N. Y.
Attorney. 41-4^
ESTATE OF JOHN W. GILLMAN, LATE OF
Wilkcs-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebtM to said estate are requested to make
payment, and those having claims or demands to pre*
hent the same, without delay, to
JACOB GILLMAN,
RYMAN & LEWIS, Wilkes-Barre. Pa.
Auomeys. 41-46
ESTATE OF JOHN E. LEWIS, LATE OF
Plains township, deceased
Jitters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY ANN LEWIS,
C. H. WELLS & SON, Plains, Pa.
Attorneys. 39-44
ESTATE OF ROBERT MAJOR, LATE OF
Lehman towaship, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those havins claims or demands to present the
same, without delay, to
THOMAS H. MAJOR,
A. R. BRUNDAGE. Cease's Mill, Pa.
Attorney. 39-44
• TN THE COURT OF QUARTER SESSIONS
X of Luzerne county. No. aao, September sessions,
1883. In Re Additional Election District in Newport
township. Notice is hereby given that the report ot
the Commissioners in the above stated case has been
filed with the Clerk of the Court of Quarter Sessions,
and was confirmed nisi by the court on the 5th day of
October, 1883, and that said report will be confirmed
absolutelv by the court, unless exceptions thereto be
filed not later than the third day of the next term of
said court.
LOUIS K. STRENG,
41.43 Clerk Q. S.
ESTATE OF SAMUEL RODGERS, LATE OF
Plymouth township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
WILLIAM RODGERS,
C. W. McALARNEY, Plymouth, Pa.
Attorney. 39-44
ESTATE OF JESSE HART, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above n.imed
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOHN HART,
A. R. BRUNDAGE, Rock Glen, Pa.
Attorney. 39-44
2
ESTATE OF LEON SACKS, LATE OF THE
borough of Piitston, deceased.
Letters testamentary upon the above named estate
having been ^nted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
FANNY SACKS.
JOS. D. COONS, Pittston. Pa.
Attorney. 39-44
ESTATE OF JOHN S. JENKINS, LATE OF
Kingston township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
HANNAH L. JENKINS,
DICKSON & ATHERTON, Wyoming, Pa.
Attorneys. 39-44
ESTATE OF WILLIAM T. MERRITT, LATE
of Poughkeepsie, N. Y., deceased,
letters testamentary upon the above named estate
having been granted to the undersigned, all persotis
indebted to said estate are requested to make payment,
and those bavins claims or demands to present the
same, without del.iy, bo
M. F. MERRITT.
R. P. MERRITT,
SCHUYLER MERRITT.
A. T. McCLINTOCK, Poughkeepsie, N. Y.
Attorney. 41*46
»3
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ESTATE OF BARNEY HUNSINGER, LATE
of Black Creek township, deceased. i
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please'
make immediate payment to ,
SAMUEL BENNER,
37-43 Administrator.
ESTATE OF EDWARD MORGAN, LATE OF
ParsOTis, deceased.
Letters of administration upon the above named 1
estate having been granted to tne undersigned, all per-'
sons having claims against the same will present tncm
for payment , and those indebted thereto will please
make immediate payment to
PATRICK COX.
37-43 Administrator.
ESTATE OF JAMES E. CLARKE, LATE OF
Piltston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present tnem
for payment, and those indebted thereto will please
make immediate payment to
MARY CLARKE,
37-43 Administratrix.
ESTATE OF DANIEL BRADER, LATE OF
Salem township, deceased.
Letters testamentary uoon the above named estate
having been granted to tne undersigned, all persons
having claims against the same will present incni for
payment, and those indebted thereto will please make
immediate payment to
SARAH BRADER,
C. B. JACKSON, Executrix.
Attorney. 38-43
ESTATE OF JAMES VINCENT, LATE OF
Hazle township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present then
for payment, and those indebted thereto wilt please
ke immediate payment to
make 1 r-.
feLIZABETH VINCENT,
GEO. H. TROUTMAN, AdminUtrairix.
Attorney. 38-43
ESTATE OF DANIEL BROWN, LATE OF
Sugarloaf township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
WILLIAM H. BROWN,
37-43 Administrator d.b.ri. c.t.a.
ESTATE OF CHARLES MOVER, LATE OF
Nescopeck township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims s^ainst the same will present
them for payment, and those indebted thereto will
please make immediate payment to
HOMER SMETHERS.
C. B. JACKSON, Administrator.
Attorney. 37-4»
ESTATE OF TAMES CARR, LATE OF THE
borough of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present tncm
for payment, and those indebted thereto will please
make immediate payment to
JOHN O'BOYLE,
37-43 Administrator.
ESTATE OF LAURA MILLARD, LATE OF
Shickshinny, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all
persons having claims against the same will present
them for payment, and those indebted thereto will
please make immeaiate payment to
I. P. HAND,
37-43 Administrator.
ESTATE OF WILLIAM WITCRAFT, LATE
of White Haven, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate payment to
E. P. MORRIS,
G. L. HALSEY, Administrator.
Attorney. 37-42
ESTATE OF LYDIA M. RABERT, LATE OF
Salem township, deceased
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
for payment, and those indebted thereto will please
make immediate iKiyment to
WESLEY RABERT,
A. R. BRUNDAGE, Administrator.
Attorney. 37;^
ESTATE OF SAMUEL MOVER, LATE OF
Nescopeck township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons having claims against the same will present them
tor payment, and those indebted thereto will please
make immediate payment to
HOMER SMETHERS,
C. B. JACKSON, Administrator.
Attorney. 37-42
14
ESTATE OF DANIEL WILLIAMSON, LATE
of West Piltston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
.sons indebted to said estate arc requested to make*
payment, and those having claims or demands to pre-
sent the same, without delay, to
ELISHA H. WILLIAMSON,
L. D. SHOEMAKER, Piltston, Pa.
Attorney. 40-4S
ESTATE OF CATHARINE SMYTHE, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. E. WILLIAMS,
40-45 Wilkes- Barre, Pa.
ESTATE OF ZACHARIAS GINTHER, LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
having been ^nted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
DOROTHEA GINTHER,
39.44 Haxleto n. Pa.
ESTATE OF NIKOLAUS HILDEBRANDT,
late of Wright township, deceased.
Letters testamentary upon the above named esUte
having been granted Id the undersigned, all peisom
indebted to said estate are requested to make payment,
and those having claims or demands to jnrcsent the
same, without delay, to
GEO. C. HILDEBRAND,
39.44 Mouniain Top, I^
Digitized by VjjOOQIC
GENERAL ELECTION PROCLAMATION.
Pursuant to an Act of the General Assembly of
the Commonwealth of Pennsylvania, entitled "An Act
relatins to the elections in the Commonwealth," ap-
pro vcfthc ad day of July, 1839, and also the Act ap-
proved the 3oih day of January, 1874, and the amended
Constitution, it is made the duty of every county within
the Commonwealth to give notice of the time of hold-
ing general elections, and in such notice to enumerate,
First— The officers to be elected ;
Second — Designating the places at which the elec-
tions are to be held ; therefore,
I. Wm. O'Malley, High Sheriff o Luteme county,
in the Commonwealth of Pennsylvania, do hereby make
known and give notice to the electors of the county
aforesaid that an election will be held in said county
of Luzerne, on Tuesday, November 6, 1883, at which
time persons will be voted or by ballot, at the several
election districts esublished by law in said county, to
fill the following offices :
One person to fill the office of State Treasurer for
this Commonwealth.
One person to fill the office of Auditor General for
this Commonwealth.
One person to fill the office of Sheriff for the county
of Luzerne
One person to fill the office of Recorder tor the
county of Luzerne.
One person to fill the office of Coroner for the county
of Luzerne.
One person to fill the office of Surveyor for the
county of Lucerne.
POLLINQ PLACES.
ASHLBY.
First ward— At the new school house.
Second ward— At the hotel of M. A. McCarty.
Third ward— At the house of C. B. Stivers.
BBAR CKBBK TOWNSHIP.
At the house occupied by J. Pursel.
BLACK CRBBK TOWNSHIP.
At the house now occupied by Aaron Wolf.
BUCK TOWNSHIP.
At the house of William Tucker.
BtTTLBM TOWNSHIP.
At the house of George Drum.
Upper I ehtsh Election district— At Butler township
school house. No 8.
CONYNGHAM TOWNSHIP.
At the office of John Fenstermacher.
DALLAS TOWNSHIP.
At the Goss school house, in said township.
DALLAS.
At the hotel of Andrew Raub.
OBNISON TOWNSHIP.
At school house No. 5, near Brader & Brown's saw mill.
DORKANCB TOWNSHIP.
At the Greenwood school house.
BXBTBK TOWNSHIP.
North district — At the school house in district No. 6,
known as the Courtright school house
South district — At tne Polen school house.
FAIKMOUNT TOWNSHIP.
West district— At the house of B. P. Smith.
East district— At the Bethel school house.
FRANKLIN TOWNSHIP.
At Labar's Hotel.
FRBELAND.
At the Freeland Hall.
FOSTER TOWNSHIP.
Northern district — At the Woodside school house,
tn Herberton.
Southern disiria — At the school house in Eckley.
East district — At Ripple's school house.
Sandy Run district— At school house in Sandy Run.
HAMOVBR TOWNSHIP.
Sooth district— At the house lately occupied by W.
J. Beldins.
North district— At the house of Michael Biglin.
HAtLB TOWNSHIP.
First dbtrict— At public school house at Old Jeddo.
Second disdrfct— At public school house at Ebervale.
Third district—At public school house at Milnesville.
Fourth district— At public school house at Harleigh.
Fifth district— At public school house at Hazlcton
Mines.
Sixth district — At public school house at Humboldt.
Seventh district — At public school house at Beaver
Brook.
Eighth district — At public school house at JeansviUe.
Ninth district — At public school house at Laurel Hill.
Tenth district — At public school house at Stockton.
Eleventh district— At Odd Fellows' Hall, village of
Drifton.
TwelfUi district— At school house No. i, at Lattimer.
HAZLKTON.
East ward— First district— At the northwest room
of the Poplar street school house.
Second district — At the southwest room of the Poplar
street school house.
Third district— At the southeast room of the Poplar
street school house.
West ward— First district— In the old brick school
house on Green street.
Second district— At the northeast room of the brick
school house on Walnut street.
Third district— At the lower west room of the old
brick school house on Green street.
HOLLBNBACK TOWNSHIP.
At the hotel now or lately kept by Solomon Spade,
in the village of Hobbie.
HUNLOCK TOWNSHIP.
North district— At the house of D. S. Whitscll.
South district — At the house of Andrew Croop.
HtWTINGTON TOWNSHIP.
North district— At the Pine Creek school house.
South district— At the house of A. P. Watson, in^e
villa|^e of Watcrton.
Middle district — At the house of Amos Howard.
HUGHBSTOWN.
At the house of Henry Maytrott.
JACKSON TOWNSHIP.
At the Rome school house.
JEDOO.
At the public house of Henry Reichart, at the old
Jeddo Hotel.
JENKINS TOWNSHIP.
North district — At brick school house at Sebastopol.
South district — At school house No. 8.
Third division— At brick school house in the village
of Port Griffith. ^Description. — Beginning at a point
on the Susquehanna nver, between Jenkins and Pitts-
ton townships : thence along said line, south 56U dc>
grees, about 70 perches to center of plank road; tnence
south 15K degrees west, 114 perches to stack of No. 7
shaft of Pennsylvania Coal Company; thence south 80
degrees west, 211 perches to stack of No. i plane;
thence south 56 de^es west, 384 perches to bne be-
tween Jenkins and Plains townships, striking the left
hand comer of bam of the Pennsylvania Coal Com-
pany farm, occupied by D. W. Brenning ; thence along
said line, north 565^ degrees west, about 100 perches
to the Susquehanna river; thence along the busque-
hanna river to the place of beginning. The above
described territory i» composed of a portion of the
North and i;outh distiicuof Jenkins township, lying
along the Susquehanna river, and to be known as the
Third division of Jenkins township.]
KINGSTON TOWNSHIP.
Northeastern district — At the new brick school house
in the village of Wyoming.
Southwest district — At the East Boston school house.
South district — At the school house at Forty Fort.
Maltby district — At the school house on Shoemaker
lane.
North district — At the northwest comer of the stone
building of J. P. Rice, at Trucksviile.
KINGSTON.
At the house of Henry Lines.
LAKE TOWNSHIP.
North district— At the store of Hamilton Kocher.
South district — At the Duriing school bouse.
LEHMAN TOWNSHIP.
Northeast district— At the Central school house.
\D*tcription.—P)}\ that portion of said township lying
'northeast of Harvey's creek.]
15
Digitized by VjjOOQIC
Southwest district — At the hotisc of Samuel Batry.'the line run by Commissioners through said towmhip
[Description. — All that portion of said township lying east and west.]
* ' East district — At the house of Thomas A. Long
[Description. — All that portion of said township lying
ea^t of the line run by Commissioners, beginning at a
point on the line between Union and Ross towtmitps,
and running thence north to the line run by Commis-
sioners east and west through said Ross iowr»hip.J
West district— At the store of A. W. Sutliff. [De-
scription. — All that portionof said township lying west
of said line running north and south.]
SALBM TOWKSHir.
North district — At the Walton school house.
South district — At the house of J. Hess.
SHicKSHimrr.
First ward— At the Brown school house, on Main
street.
Second ward — At N. B. Crary's building, near cor-
ner Union and Main streets.
Third ward— At the hotel of C. W. Yaple, on Union
street.
Fourth ward — At the office of James Post, on Canal
street.
SLOCVM TOWNSHIP.
At the house of Philip Myers.
SUGAKLOAF TOWNSHIP.
At the house of Abr^m Hetler.
SUGAR NOTCH.
First distria— At the Town Hall.
Second district — At Plumb's reading room.
UNION TOWNSHIP.
At the house of S. H. House.
WEST PITTSTON.
First district— At the Town Hall.
Second district — At the office of James Helm«. on
Wyoming street.
WHTTB HAVBN.
North ward— At the White Haven Hotd, now kept
by Theodore Smith.
South ward— At J. C. Fields' Hotel.
WILKES^BARRB.
First ward— At the hotil of W. P. Gardner.
Second ward — At the house of John Mundy.
Third ward— First district— At the house of Neil
McCabe.
Second district— At the house of D. O. Johns.
Fourth ward — At the Luzerne House.
Fifth ward — At the Exchange Hotel.
Sixth ward — At the house formeriy occupied by Jas.
Peoples, on Market street.
Seventh ward— At the Washington Hotel.
Eighth ward— At the Old Fell House.
Ninth ward— At the Mt. Pleasant House, on North-
northwest of said Harvey's creek
LAURBL RUN.
At the Mountain House Hotel.
LUESRNE.
At the Island school house.
HARCV TOWNSHIP.
North district— At school house No. a.
South district— At school house No. 3.
NANTICOKK.
First ward— At the hotel of John A. Gruver.
Second ward — At hotel comer of Main and Slope
streets.
Third ward— At the house of John Noble.
Fourth wara— At Red school house.
Fiah ward— At Shea's Hotel.
Sixth ward— At hotel of X. Wemet.
Seventh ward — ^At hotel of L. J. Vandermark.
Eighth ward — At the storehou>e of the Lehigh and
Wilkes-Barre Coal Co., Hanover Station.
NESCOPBCK TOWNSHIP.
East district— At the house of Michael Schloyer.
West district — At the hou.se of Samuel Williams
NEW COLUMBUS.
At the school house.
NEWPORT TOWNSHIP.
At the Town Hall in the village of Wanamie.
PARSONS.
At the public school house.
PITTSTON TOWNSHIP.
South district— At the Morgan lane school house.
North district— At the school house on Scotch Hill
East district — At the school house on Spring Brook
PITTSTON.
First ward— At the office of Riley Nichols.
Second ward— At the Central Hotel.
Third ward — At George Shellenberger's Hotel.
Fourth ward — First district— At the Town Hall.
Second district — At the house of Anthony Boos.
Fifth ward — First district — At the Pine street school
house.
Second district — At the northern room of the Pine
street school house
Sixth ward— First district— At the schoq) house on
Welsh Hill.
Second district- At the Oregon school house.
PLAINS TOWNSHIP.
First district— At the Plainsvillc school house.
Second district— At the hotel of John Gildta.
Third district — At the school house on Mill Creek.
PLBASANT VALLEY.
South district— At the office of lohn Mead.
North district- At the house of A. B. Curly.
ampton stnet.
Tenth ward — At the house formerly kept by M
PLYMOUTH. Andes, on River street.
First ward— At the public school house, Vine street. Eleventh ward— At the Engine House, on Cinderella
Second ward— At the house of John E. Halleck, on street.
Main street. Twelfth ward — ^At the house of John Gceckle, 00
Third ward— At the public house of G. P. Richards, | Main street,
known as Castle Garden. I Thirteenth ward — At the Charter House.
Fourth ward — At the school house on Willow street.'
Fifth ward— At the house known as the Old Detrick
Hotel, on Willow street.
Sixth ward— At the public house of Samuel Van
Loon, on Main street.
Seventh ward— At the public house of Wm. Clark,
en Main street.
Eiehth ward — In the building occupied by J. T.
Smith, on Main street
PLYMOUTH TOWNSHIP.
East district— First district— At the Morgantown
school house.
Second district— At the Boston school house.
Third district— At the Welsh Hill school house.
West district— First district— At the Temperance'
Hill school house.
Second district'-At the Avondale school house.
Third district— At the Harvey school house.
RANSOM TOWNSHIP.
At the house of John Holgatc.
ROSS TOWNSHIP
Fourteenth ward— First district— At the hold of P.
McCaffrey, corner of Hazle and Blackman strecu.
Second district — At the Parrish street school house.
Fifteenth ward— At the Van Leer Hotel.
WILKBS-BARRB TOWNSHIP.
Middle district— At the hotel of Thomas Caffrey
South distria — At the house of Tames Kane.
North district — At the office of oreaker No. a of the
Delaware and Hudson Canal Company.
WRIGHT TOWNSHIP.
North district— At the house of N. S. Houser.
South district— At the house of Nicholas Hilderbrant.
TATBSVILLB.
At the public school house
I also make known and give notice, as by law directed,
'that the following Act of Assembly, regtdating the
mode of voting In the Commonwealth of Pennsylvania,
I was passed Nlarch 30, 1866, and reads thus :
I SrcTiON I. Be it enacted by the Senate and House
'of Represenutives of the Commonwealth of Pennsyl-
North district—At the Ky tic .school house. [P/.rcn^-vania, in General Assembly met, and it is hereby en-
//^^,_A11 that portion of said township lying north of acted by the authority of the same, That the qualifivd
20 2
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voters of the several counties of this Commonwealth,
at all general, township, borough, and special elections,
are hereby hereafter authorized and required to vote
by tickets pnnted or written, or partly printed and
partly written, severally classified as follows: Onr
ticket shall embrace the names of all Judges of courts
voted for, and labeled outside "Judiciary ; one ticket
shall embrace names of all State officers, and be labeled
'* State ;" one ticket shall embrace the names of all
coanty officers voted lor, including Senator and mem-
ber and members of Assembly, if voted for, and mem-
bets of Congress, if voted for. and be labeled "County ;"
one ticket shall embrace the names of all township
officers voted for, and be labeled "Township;" one
ticket shall embrace the names of all borough officers
voted (or, and be labeled " Borough ;" and ench class
shall be deposited in separate ballot boxes.
Also, that a further supplement to the election laws
of this Commonwealth was passed the 4th day of June,
1S66, and reads as^llows :
^^ HBREAs. By the Act of the Congress of the United
States, entitled "An Act to amend the several Acts
heretofore passed to provide for the enrolling and call-
ing out the national forces, and for other purposes,"
and approved March 3d, 1865. all persons who have
deserted the military or naval service of the United
States, and who have not been discharged or relieved
from the penalty or disability therein provided, are
deemed and taken to have voluntarily relinquishea and
forfeited their rights of citizenship, and their rights to
become citizens, and are deprived of exercising any
rights of citicens thereof:
Amd Whbrbas, Persons not citizens of the United
States are not, under the constitution and laws ot
Pennsylvania, qualified electors of this Commonwealth.
SscnoN I. be it enacted by the Senate and House
of Representatives of the Commonwealth of Pennsyl-
vania, in General Assembly met, and it is hereby en-
acted by the authority of the same. That in all elections
hereafter to be held in this Commonwealth, it shall be
unlawful for the Judges or Inspectors of any such elec-
tion to receive any ballot or ballots from any person or
persons embraced in the provisons and subject to the
disability imposed by the said Act of Congress, ap-
proved March 3, 1865, and it shall be unlawful for any
such person to oner to vote any ballot or ballots.
Sec. 2. That if any such Judge and. Inspectors of
Election, or any one of them, shall receive, or consent
to receive, any Huch unlawful ballot or ballots from any
such disqualified person, he, or they, so offending shall
be zuilty of a misdemeanor, and upon conviction there-
of in any Court of Quarter Sessions of this Common-
wealth, he shall, for each offense, be sentenced to pay
a fine of not less than one hundred dollars, and to un-
dergo an imprisonment in the jail of the proper county
for not less than sixty days.
Sec. 3. That if any person deprived of citizenship,
and disqualified as aforesaid^ shall, at any election
hereafter to be held in this Commonwealth, vote, or
tender to the officers thereof, and offer to vote a ballot
or ballots, any person or persons so offending shall be
deemed guilty of a misaemcanor, and on conviction
thereof in any Court of Oiiartcr Sessions of this Com-
monwealth, shall, for each offence, be punished in like
manner, as is provided in the preceding section of this
act, in the case of officers of election receiving such
unlawful ballot or ballots.
Skc. 4. That if any person shall hereafter persuade
or advise any person or persons deprived of citizenship
and disqualified as aforesaid to offer any ballot or ballots
to the officers of any election hereafter to be held in
this Commonwealth, or shall persuade or advise any
such officer to receive any ballot or ballots from any
person deprived ot citizenship and disqualified as afore-
said, such person so offending shall be guilty of a mis-
demeanor, and upon conviction thereof in any Court
of (Quarter Sessions in this Commonwealth, shall be
punished in like manner, as is provided in the second
section of this act, in the case of officers of such elec"
tion receiving such unlawful ballot or ballots.
I also further make known and give notice, as in and
by section 13 of the Act of July a, 1839, I am directed,^
" that every person, excepting Justices ot the Peace,
who shall hold any office or appointment of profit or
2
trust under the government of the United Sutes, or of
this State, or any city or incorporated district, whether
a commissioned officer or otherwise, a subordinate
officer or agent, who is or shall be employed under the
legislative, judiciar\', or executive departments of this
State or the United States, or of any city or incorpo-
rated district, and also that every member of Congress
and the State Legislature, and of the Select and Com-
mon Council of any city, Commissioner of any incor*
porated district, is by law incapable of holdihg or exer-
cising, at the same time, the office or appointment of
Judge, Inspector, or Clerk of any election of this Com-
monwealth, and that no Inspector or Judge or other
officer of any election shall be eligible to any office
then to be voted for.
Also, that in the 4th section of the Act of Assembly,
entitleo "An Act relating to elections, and for other
purposes," approved Apm 16. 1840, it is enacted that
the aforesaid 13th section " shall not be so construed
as to prevent any military officer or borough officer
from serving as Judge, Inspector, or Clerk at any gen-
eral or special efection in this Commonwealth."
Also, that in the 5th section of the Act of January
30, 1874, it is enacted that " every general and special
election shall be opened at seven o'clock in the fore-
noon, and shall continue without interruption or ad-
journment until seven o'clock in tne evening, when
the polls shall be closed."
Also, that where a Judge, by sickness or unavoidable
accident, is unable to attend such meeting of Judges,
then the cei tificate of return aforesaid shall be taken
charge of by one of the Inspectors or Clerks of the
election of said district^ Arho shall do and perform the
duties required of said Judges unable to attend.
Given under my hand, at my office, at Wilker-Barre,
this loth day of October, in the year of our Lord one
thousand eight hundred and eighty-three, in the one
hundred and seventh of the Independence of the United
States.
God save the Commonwealth.
WILLIAM O'MALLEY.
43-44 Sheriff.
SHERIFF'S SALE.
By virtue of a writ of al. fi. fa., issued out of the
Court of Common Pleas of Wyoming county, and to
me directed, there will be exposed to public sale, at
the Court House, in the borough of Tunkhannock,
Wyoming county. Pa., on Saturday, November 10th,
1883, at 1 o'clock P. M , the following described prop-
erty, to wit : All the right, title, and interest of the
defendant in and to the following described piece,
parcel, and tract of land, situated in the towi»hlp of
Monroe, county of Wyoming, and State of Pennsylva-
nia. a portion thereof bein^ in the township of Dallas,
county of Luzerne, and State of Pennsylvania, sur-
veyed in the warrantee name of William Dunn, and
known and described as the William Dunn tract, con-
taining 438 acres of land, more or less ; excepting and
reserving 100 acres heretofore sold and conveyed to
O. C. Bigelow. The land to be sold is well timbered
and well adapted to lumbering, and has thereon erected
one two-story frame dwelling house, 20 by 30 feet, and
outhouse, one first-class steam saw mill in good condi-
tion and ready for immediate use.
Seized and taken in execution at the suit of L. M.
Smith V. lames Garrahan.
And will be sold for cash only, by
OLIVER EASTON,
42-44 Sheriff.
ESTATE OF JOHN R. WALTERS, LATE OF
Plymouth, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to nuike
payment, and those having claims or demands to pre-
sent the same, without delay, to
DANIEL B. LEWIS,
GEO. W. SHONK, Plymouth, Pa.
Attorney. 4^-47
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SHERIFF'S SALES. I 6
Abstract of properly to be sold by Wm. O'Malley,! Suit of John G. Wood v. Lafayette Lippinoott-
Shcriff of Luzerne countv.on Saturday, November 17,' 320 October term, 1883. Debt, ^^5 67. Vend, ex-
A. D. 1883, at 10 o'clock A. M., at the Arbitration 153 October term, 1883. E. D. Nichols, Att'y.
room, in the Court House, Wilkes-Barre, who will I All that lot of land in the city of Wilkes- Barre. be-
proceed with the different properties in the order in ginning at a comer of land contracted to Pat. Mauley.
which they are numbered, to wit : | thence 124 feel al6ng the Auble road to an alley, tbccce
along said alley 97 feet to land of F. A. KJlis. thence
* 'along said land 8io feet to land of Clark, thence
Suit of Sylvester Dana v. Arnold Bertels. 1 along said Clark's land y> feet to the line of John C.
112 May term, 1881. Debt, $5,164. ad. pi. lev. fa. 'WockI, thence 44 feet 10 land trf Pat. Manlcy, thence
XI November term, 1883. Bennett & Nichols, Att'ys. ,47 feet to Auble road and place of beginning; all im-
All that piece of land in the city of Wilkes-Barre, proved, and having erected thereon one frame dwelling
beginning at the west corner of Dennis Quillan's Kn, house and oulbuildingh ; coal and minerals reserved,
on the southeast side of Main street, at a point nearly 1 7
opposite the intersection of Sullivan with said Main! Suit of Lazarus Moyer v John Pope,
street, thence along said Quillan's land 2oa feet, thencei 127 March term, 1883. Debt. $98.^5. Vend. ex.
to feet, thence 131 feet to the Wyoming canal, thence: 11 November term, 1883. O 'eill. Att'y.
along said canal 86^ feet, thence 292 feet to said Main All that lot of ground in the township of Kingitoo,
street, thence along said Main street 50 feet to the place I beginning at a corner on the main road leading frtwa
of beginning, containing 18,000 s<|uare feet of land, 'Mill Hollow to Blindtown, thence by lot of Devrua
more or less : all improved, and havmg eVected thereon 19 i-io rods to a corner, thence by lands of the heirs
one two-story frame dwelling house, one frame barn, of Thomas Pringle, deceased, 4 a-to rods to a comer.
and outbuilding. 1 thence by lands of William Bryden to i-io rods to a
a 'corner on said street in road, thence oy said street xn
Suit of Henry H. Welles, Assignee, v. John Davis, l^o^^ 4 .2-10 rods to a corner, the place of beginniag,
139 October term, 1883. Debt, real, $4,9M. Vend, conuining 86 perches of land ; all impioved, with a
^^ *' , ? ' «« ' ' •^'^ ^ cellar wall and fruit trees thereon.
4J November term, 1883.
Fisher and Wheaton, Att'ys.
8
All that lot of land in the city of Wilkes-Barre, be- Suit of Albert Gabriel v. Jas. Garrahan and Tbos.
ginning at the southerly comer of Main and Ash ^Jirrahan. „„t^... .i^j-
streetsT thence southwesterly along Main street about I 258 (Jctober term 1882. Debt, $1,550. Al fi. &.
So feet to land of Dennis McQuillan, thence along the' '5 November temi. 1883. *^*>L"*il " ^•
same southeasterly about 186 feet to a corner, thencei » All that lot of land^ in Dallas borough, beginning
northeasterly about 75 feet to said Ash street, thence '«*.ap<>?t. a corner of land of Chester White and land
northwesterly along the same about 186 feet to the be- 1 o<^ William Frances heiP;, thence 4K Pf.^^t** '° < "**■•
ginning ; together with a three-.story brick house, with ^^^ '« ^^e creek, now corner of bam wall ihcn« 6 9-10
?torenx>m, frame bara.and other outbuildings thereon Iperches to a comer on the north side of the public n>ad
leading through Dallas borough and on east side 01
3 I Toby's creek, thence along said road to a po»t. the
Suit of John M. Caffrey. Administrator of Bart "^«n ^^^ 9^ » P'^^*" fence about 66 feet, thence a
Caflfrey , deceased, v. Patrick McGuire. ! north«isteriy course to the place of beginning, contain-
331 April term. 1881. Debt, J104.28. Vend. ex. 9 «ng about 28 square oerchcs; together with a frame
November term, 1883. Harding & McGahrcn. Att'ys. |siorchoiise bam, shctf and ice house. ....
The following piece of land in the borough of Nan- «• AH that lot of land in Dallas borough, begmmn*
ticoke, being Tot No 94. adjoining lots of W. wj at a corner, the beginning corner of the first d«cri bed
Campbell and J. O'Brien; said lot No. 94 being 50 feet P'^cc of land, thence 5 K perches along land of W.Uiam
in frint and 130 feet in depth, with a frame dwelling *''-a""s estate to a post at the alley leading from said
house thereon.
4
estate to the public road, thence along the north side
of the alley afoiesaid 7 perches to a point on the public
c ' rrrt^ Kg r- TT u /^ • J irii """^^ leading through Dallas borough, thence aknig
Suit of Thomas McCann v. Hugh Cunnm and Ellen j^e said road to a post 36^ feet from the southwest
Cunmn t^l-o^o*!! r I comer of the stone, thence sdong the first described lot
146 March term, 1883 Debt, J538 68. Al. lev. fa k^ j^e place of beginning, containing about one-fourth
«o November term, 1883. E. A. Lynch, Att y. ' f ^^ acre of land; together with a two-story frame
AH that lot of ground on the northeast corner of Pine|j^^,,Ijng barn, and outbuildings thereon,
and Beech streets, m the borough of Hazleton. being All that lot of land in Dafias township, beginning
lot No. 10, of square No. 183, beginning at a point in L,t ^ j^i on the public road leading from Dallas to
the southeast comer of said Pine and Beech streets, ji^o^^^n's creek and a comer of John Isaacs' Und.
thence northwardly 30 feet to lot No. 9, thence east-.^^ence along said Isaacs' land 39 perches to a post,
wardly 190 feet to an alley, thence southwardly 30 [eetuhcnce along land of said Isaacs and land of Jacob
to Beech street aforesaid, thence west ward|y 190 feeii,^,cc 305 perches to a stone comer, thence 11 iH
to the place of beginning ; all improved, with a frame ,.ches to a stone corner, a comer of^ Henry Ander-
dwelling house, 30x32. and 2^ stories high, and other ^^^.^ 1,^^ }„ ^aron Christian's line, thence along Und
outbuildings thereon. lof Henry Anderson and Levi M. Hoyi 275 pcichcs to
5 _ a corner in the public road aforesaid, thence along the
. said road 2854 perches, thence 7a perches to the place
Suit of Harriet E. Lewis v, George W. Nichols.
Administrator of Henr>' Fisher, deceased.
267 October term, 1883. Debt, #579.^7. Lev. fa.
t3 November term, 1883. Miller, Att'y.
A piece of land in the borough of Ashley, beginning
at a comer of lots designated as lots Nos. ai and 22 in
map of town lots as made by the Lehigh and Susque-
hanna Coal Company, said comer being on the south-
east side of Ross street, thence by line of lot No. 21
of beginning, containing 208^ acres of land, about so
acres cleared.
4. All that lot of land in the borough of IDallas, be-
ginning at a corner of the M. E. Parsonage lot. on the
south side of the public road leading from Hwntsville
to Dallas village, thence along the south side of said
road an easterly course 5 perches to a comer on west
side of an alley leading nx>m the public road aforesaid
J 10 feet to lands of Mrs. Jane Bennett, thence along .to E. Newton's, thence along the west side of said
line of said Jane Bennett's land 60 4-10 feet to a street, alley about 12 rods to a comer of land of E, W. New*
thence by said street no 3-10 feet to a comer on said {ton, thence along said Newton's land a westerly course
Ross street, thence along said Ross street 52 feet to .about 5 rods to a corner of the parsonage lot aforesaid,
the place of beginning, containing 6,215 sc^uare feet of | thence along said lot a nortncHy course about 12
land, more or less ; excepting and reserving all coal iperches to the place of beginning, containing about 60
and other minerals ; all improved, and having erected > perches of land, be the same more or less; together
thereon a large two-story frame house, with basement, with one frame two-story dwelling house, one frame
and back buUdings attached. |bam. and outbuildings. 4>45
30
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PARTITION NOTICE. I northeasterly line of purpart No. 3 : thence along the
In Re Partition of the Real Estate of Thomas same, north 32 degrees 20 minutes west, 40 feet to line
Seybcrt, late of Salem township. Luzerne county, Pa. 'ot purpart No 1 ; thence along same, north 57 degrees
deceased. Now, September 3, 1883, inquest is awarded 40 minutes cast. 140 feet to the place of beginning ;
as prayed for ; returnable last Saturday of November
term, at 10 o'clock A. M. Service of notice on non
residents of the State to be published in one news-
paper, published in Wilkes-Barre, Pa., for three sue-
ccistvc weeks, and a copy of each mailed to the lastjalley aforesaicfjin the southwest line of purpart No. 2 ;
containing 5,600 square feet of land, and having erected
thereon a small brick dwelling; being purpart No. 2 in
the partition of said estate.
3. Beginning at a point on the northwest side of the
known residence, and in the Ll'Zbrnb Legal Rbgtstbr
line at :
lid, in t
for the same time. By thb Court.
To Sailie Haeenbuch, Thomas Frcy, Rosa Zehnder,
Joseph Hicks, Li/zie S. Jackson, and Deborah Doak,
of Berwick, Pa., J. B.Seybert, Freas Frcy. and J. W.
Frcy, of Philadelphia, Pa., Lillie Campbell and Anna
Frey, of WiUiamsport, Pa.. W. T. Hicks, of ,
Kansas, and all other parties interested — You will
pleajie take notice that in pursuance of the above order
of the Orphans' Court of said county, a writ of partition
has been issued from the said court to the Sneriff of
Luzerne county, returnable on the last Saturday of
November term, at 10 o'clock A. M.. and that the in-
quest will meet for the purpose of makiog partition on
'Tuesday, November 27, 1883, at 8 o'clock A. M. of the
said day, upon the premises, in the township of Salem,
Luzerne county. Pa., at which time and place you can
be present, if you .see proper.
The premises in question are described as follows:
The following piece or parcel of land, situate in Salem
township aforesaid, bounded and described as follows,
to wit : Beginning at a point at low water mark on the
bank of the Susquehanna river, at a corner of lands
now or late of Franklin Stewart ; thence along the said
river, north 32 }4 degrees west, 40 perches to a corner ;
thence along the said river, north 10 degrees west, 36
perches to a corner ; thence along said river, north 6
degrees east, 46 2-10 perches to a corner; thence by
same, north t^ degrees east, 100 perches to a comer;
thence along line of lands of Christian Smethers, north
Bs^ degrees east, 48 perches to a stone ; thence along
land of C. Smethers, south i degree and 47 minutes
west, 39 perches to a stones comer, thence suong other
lands of said C. Smethers, north 83 degrees and 13
minutes east, 178 perches to a stone comer; thence
alons line of lot No. 44, now or late of A. Jamison,
south ^ degrees west, 137 perches to a stone ; thence
by land of A. Jamison's estate, south x degree and 17
minutes west, 22 perches to a stones comer ; thence by
ihence south 57 degrees 40 minutes west, 55 J4 feet;
thence north 49 degrees 15 minutes west, 52 J4 feet;
thence north 57 degrees 40 minutes east, 48 feet ; thence
south 32 degrees 20 minutes cast, 10 feet ; thence north
57 degrees 40 minutes east, 22 feet to line of purpart
^fo. 2 ; thence south 32 degrees 20 minutes east, 40
, feet to the place of beginning ; containing 2,917 square
feet, and having erected thereon a small frame barn ;
being purpart No. 3 in the partition of said estate.
Tbrms of Sale — The sum of ^,000, on which the
widow, Susan Hoiipt, has elected to receive interest
during life in lieu of^dower thirds or other rights in said
land, and of her life estate therein, to be and remain a
lien on the premises during her life, as follows : $3,800
on lands described in purpart No. 1,^2,000 on lands
described in purpart No 2, and $200 on land described
in purpart No. 3, the interest thereof to be paid semi-
annually from and after the date of confirmation to said
widow during her life, and the principal thereof to be
paid at her death to the parties legally entitled thereto.
Ten per cent of the whole purchase money down at the
time of sale, and the balance, not secured for the widow
as aforesaid, on confirmation of sale. Payments to be
made after death of widow to be seaired by bond and
mortgage on the premises.
L. H. BENNETT,
42-44 Tmstee.
line of land of Frank and Lee Stewart, south 83 degrees
west, 146 perches to a stones comer; thence north 29
degrees west, 15 perches to a stones comer; thence
ORPHANS' COURT SALE.
Estate of David Hershberger, dec'd. By virtue
of an order of the Orphans' Court of Luzeme county,
there will be sold at public sale, on the premises, on
Saturday, November to, 1883. at 4 o'clock P. M., all
the surface of that lot of land in Plymouth borough,
beginning at a corner of land of Philip Keller, on the
south side of Bead street, thence along land of said
Philip Keller 220 feet to River street, thence along
River street 50 feet to corner of land of Mrs. Brandon,
thence along said land 220 feet to Head street, thence
along Bead street 50 feet to the place of beginning,
containing about 11,000 square feet of surface, more or
J less ; all improved, with one two-storied double frame
south 83 degrees west, xi perches 10 a stones corner ;id^^|,i^^ y^^^^^ ^ ^^ f^j^ ^^^^ ^^^ outbuildings
, ^ ^ ' I less; ail improvea, wiin one iwo-sior
. - .u A - . toa"on« comer;Li^^„j y^^^ ^ y^ f^j^ ^ ,
thence sjuth 29 decrees east. 15 perches to a ston^Lj^^^^^** ^1^^ ^^, reserved to John j. Shonk, his heira
comer; thence south 64 dcffrees and 27 minutes west, Ljjj jjjgj'jj^ •' ■' *
56 perches to the place of oeginning; containing 234 — ^
acres and 140 perches, more or less; on which are
erected a brick two-story dwelling house, stable, and
outbuildings.
WILLIAM O'MALLEY,
C. B. JACKSON, Sheriflf.
Attorney. 42-44
Terms of Salb— $500 down. 50 per cent of balance
on confirmation of sale and delivery of deed, and the
balance in six months from confirmation of sale, with
interest thereon from confirmation of sale ; deferred
payments to be secured by bond and mortgage on the
premises.
WILLIAM I. HERSHBERGER,
GEO. W. SHONK, Administrator.
Attomey. 42-44
ORPHANS' COURT SALE.
Estate of Philip Houpt, dec'd. In Partition.
By virtue of an order ot the Orphans' Court of Luzerne
county, the undersipied will expose to public sale, on /^RPHANS' COURT SALE,
the premises, on Saturday, November loth, 1883, at 10 V>^ Estate of William Witcraft, dec'd. By virtue
o'clock A. M., all those three lots or pieces of land, of an order of the Orphans' Court of Luzerne county,
situate inthecity of Wilkes'Barre, bounded as follows : J there will be sold at public sale, on the premises, oi»
X. Bqsinning at a point on the southwesterly side of | Friday, November oth, 1883, at 8 o'clock A. M., all
Ross street, between Franklin and Main streets; thence that lot of land on the north side of the extension of
along Ross street, south ^ degrees 20 minutes east, 60 1 Berwick street, in White Haven, being No. 59 on said
feet; thence south 57 (fegrecs 40 minutes west, 162 street, containing in front or breadth on said Berwick
feet; thence north 32 degrees 20 minutes west, 60 feet ; street 40 feet, and extending thence north 150 feet to
thence north 57 degrees 40 minutes east, 16a feet to the an alley, bounded north by an alley, south by Berwick
place of bc^nning; conuining 9,720 square feet of street, east by lot No. 57, ana west by let No. 61; all
fand. and having erected thereon a brick dwelling and improved, with a two-story frame dwelling house and
frame bam; being purpart No. z in the partition of i outbuildings thereon.
said estate. | Tkrus op Sale— ^00 of purchase down on day of
2. Beginning at a point on the southwesterly side of .sale, and balance of purchase money on confirmation
OSS street, in the southeasterly line of purpart No. i ; of sale and deliveryot^deed.
Ross Succt, iw ■.■•«; avuiitviaaiciikjr itu^ wi yuipa«b a.-vv. m ,r
thence along line of Ross street, south 32 degrees 20 1
minutes east, 40 feet to an alley ; thence along said
alley, south 57 degrees 40 minutes west, 140 feet to the
2
G. L, HALSEY,
Attorney.
E. P.
MORRIS.
Administrator.
4«-43
23
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Hunt, beginning at a corner on said plank road, being
also a comer oflot No. 75. owned by Frank Dinsmore.
thence along said plank road about 55 feet to comer of
lot No. 77, formerly owned by W. G. Stout, thence
along line of said lot No. 77 about 156 feet to comer
of land owned by Miner, Kulp & Chase, thence along
said land about 55 feet to comer of lot No. 75, thence
along the same about 156 feet to the plank road afore-
said, containing 8,580 square feet of land, more or less ;
coal and other minerals reserved.
Terms of Sale— One-fourth down on each lot on
the day of sale, one-fourth on the confirmation of the
sale and delivery of the deed, and the remaining two-
fourths in six months from the day of ^ale, with inter-
est ; the deferred payments to be secured by bond and
mortgage on the premises.
W. S. PARSONS,
I. P. HAND, Administrator.
Attomey. 43-45
LUZERNE COUNTY, ss:
Common Pleas. In Equity. Of October term,
1876, No. 6. W. N Monies et al. v. A. D. King.
Now. October 19, 1883, it appearing to the court that
the fifth and partial account of George Bishop, the
Receiver appointed by the court in the above entitled
cause, has this day been duly filed, it is ordered that
the Prothonotary give notice of the filing and exhibi-
tion of the said account by publication for two succes-
sive weeks in the Luzbrnb Legal Register and the
Wtlkes-Barre Record, setting forth in such notice
that the said account will be allowed on the lath day
of November, 1883, unless cause be shown why such
account should not be allowed. And it is further or-
dered that the Receiver have leave to pay into court
the sum of $1,403.53, as specified in his said account,
to abide such further order as the court shall make in
the premises. Chas. E. Rice, Pres't Jud^e.
In pursuance of the above order of court, notice is
hereby given that the said account will be allowed by
the court on Monday, November la, 1883, unless cause
be shown why such account should not be allowed.
JAMES M. NORRIS,
E. p. & J. V. DARLING. Prothonotary.
Solicitors. 43-44
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Picas of Luzerne county to distrib-
ute the fund arising from the SheriflT's sale of the real
estate of Jacob Rosenstock, will attend to the duties
of his appointment, al his office, in the Markle Bank
Building, Hazleton. on Wednesday, November 28th.
1883, at 10 o'clock A. M., at which time and place all
persons having claims against said fund are notified to
present the same, or be forever debarred from coming
m upon said fund.
PHILIP V. WEAVER
43-46 Auditor.
AUDITOR'S NOTICE.
The undesigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distrib-
ute the fund arising from the Sheriff's sale of the real
estate of Thomas Sink, will attend to the duties of his
appointment, at his ofnce. on Franklin street, in the
city of Wilkes-Barre, on Saiurd.iy, November 3, 1883,
al 10 o'clock A.M., at which lime and place all persons
having claims against said fund are notified to present
I he same, or be debarred from coming in on said fund
G. L. HALSEY.
41-44 Auditor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 24, May term, 1883. Libel in divorce a vinculo
ipatrimonii. Ida A. Jones, by her next friend, William
Anman, v. John Jones. The alias subpoena in the
above case having been returned non est inventus, you,
the said John Jones, arc hereby notified to appear at
said court, on Monday. November i9ih, 1883. at 10
o'clock A. M., to answer the complaint therein filed.
WILLIAM O'MALLEV,
} . D. NICHOIii. Sheriflr. '
Solicitor. 4X-44
ESTATE OF ANNA E. MEIRRANTZ, LATE
of Hazleton, deceased
Letters of administration upon the above aaaed
estate having been granted to ttie undersigned. «U ]Kr-
sons indebt^ to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
T. R. MARTIN,
43-48 Wilke s-Ba r re, Pa.
ESTATE OF PATRICK MALOY, LATE OF
Hazle township, deceased
Letters testamentary upon the above named estate
having been ^nted to the undersigned, all persoos
indebted to said estate are requested to malce payment,
and those having claims or demands to present the
same, without delay, to
TIMOTHY MALOY.
JOHN D. HAYES, Haxlcton, Pa.
Attomey. 43-4S
ESTATE OF REUBEN DRESHER, LATE OF
Butler township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all pcrw
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre>
sent the same, without delay, to
JOHN D. HAYES.
43-48 Freeland, Pa.
ESTATE OF OBED B. FEAR, LATE OF THE
township of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOSIAH T. FEAR,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 44-49
ESTATE OF MARGARET COOK, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the Undersigned, all per-
sons indebted to said estate are requested to niake
I payment, and those having claims or demands to pre-
sent the same, without delay, to
GEO. S. FERRIS,
44-49 Pitttton, Pa.
32
ESTATE OF ELIZA JANE MILFORD, LATE
of Chicago, Cook county, Illinois, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
W. R. GIBBONS,
W. S. McLEAN, Wilkcs-Barre. Pa.
Attorney. 44-^
ESTATE OF ANTHONY GALLAGHER, LATE
of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to nuike
payment, and those having claims or demands to pie-
jsent the same, without delay, to
CHARLKS McCARRON.
JOHN LYNCH, Hazleton, Pa.
Attomey. 44*49
ESTATE OF WILLIAM GALLAGHER. LATE
of Hazleton, deceased.
I Letters of administration upon the above named
estate having been granted to tne undersigned, all pet-
sons indebted to said estate are requested to suite
payment, and those having claims or demands to pre-
sent the same, without delay, to
CHARLES McCARRON,
JOHN LYNCH, Hazleton, Pa.
Attomey. 44-49
2
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ESTATE OF OLIVER DAVENPORT. LATE TESTATE OF WILLIAM MASTERSON, LATE
of Plymouth, deceasc(l. I XL of Hazle township, dccea&ed.
Letters of administration upon the above named Letters of administration upon the above named
estate having been granted to the undersigned, all per-! estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make sons indebtnl to said estate are requested to make
payment, and those having claims or demands to pre- payment, and those having claims or demands to prc-
. — .u -..:.L_... j_i_- ._ ggj^j jj^^ same, without delay, to
Rbv. J. j. CUMMISKEY.
sent the same, without delay,
EDWIN DAVENPORT,
JAMES H. DAVENPORT,
A. OPP, Plymouth, Pa.
Attorney. 4a-47
D. W. CONNOLLY,
Attorney.
Hazleton, Pa.
43-47
ESTATE OF JOHN W. GILLMAN, LATE OF
Wilkcs-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
ysent the same, without delay, to
JACOB GILLMAN,
RVMAN & LEWIS, Wilkes-Barre, Pa.
Attorneys. 41-46
pSTATE OF JOHN E. LEWIS, LATE OF
Plains township, deceased
ESTATE OF HANNAH K. MERRITT, LATE
of Poughkeepsie, N. V., deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to malce payment,
and those having claims or demands to present the
same, without deUy, to ,
EDWARD MERRITT.
A. T. McCLlNTOCK, Brooklyn, N. Y
Attorney. 41-46
ESTATE OF SAMUEL RODGERS, LATE OF
Plymouth township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
Inters of administration upon the above named '*o"s indebted to said estate are requested to make
estate having been granted to the undersigned, all per- Pay™fn«. »"<* tho^ having claims or demands to pre-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY ANN LEWIS,
C. H. WELLS & SON, Plains, Pa.
Attorneys. 39-44
ESTATE OF ROBERT MAJOR, LATE OF
Lehman township, deceased.
Letters tesumentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those bavins claims or demands to present the
same, without delay, to
THOMAS H. MAJOR,
A. R. BRUNDAGE, Cease's Mill, Pa.
Attorney. 39*44
sent the same, without delay, to
WILLIAM RODGERS,
C. W. McALARNEY, Plymouth, Pa.
Attorney. 39-44
ESTATE OF JESSE HART, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOHN HART,
A. R. BRUNDAGE, Rock Glen. Pa.
Attorney. 39-44
ESTATE OF DANIEL WILLIAMSON, LATE
of West Pittston, deceased.
Letters of administration upon the above named
STATE OF LEON SACKS LATE OF THE «»»'« having been granted to the undersigned, all per-
i u r o- ^ hAV^Kb, LAIJL Uf IHt ^ons indebted to said estate arc requested to make
borough of Fittston, deceased. I payment, and those having claims or demands to pre-
E^ . . ^ , -., =>.- -
Letters testamentary upon the above named cstate,sc„t the same, without delay, to
having been {panted to the undersigned, all personsl ELISHA H. V
indebted to said estate are requested to make payment, j^ £) SHOEMAKER
and those having claims or demands to present the! Attorney,
same, without delay, to ' —
Pittston, Pa.
40-4S
JOS. D. COONS,
Attorney.
ESTATE OF CATHARINE SMYTHE, LATE
of Wilkes-Barre, deceased.
FANNY SACKS,
Pittston, Pa.
39-441 Letters of administration upon the above named
J estate having been granted to the undersigned, all per-
EQTATP nir umv q ifmittwq t atp ni.'l^°"' indebted to said estate are reqiiested to make
»iAic. ur JU"f> ». je-WMiMS, L.AII!. vjr 1 payment, and those having claims or demands to pre-
Kingston township, deceased. sent the same, without delay, to
Letters of administration upon the above named 1 £ £ WILLIAMS
estate having been granted to the undersigned, all pcr-l .q ., * ' Wilkes-Barre' Pa.
son.s indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
HANNAH L. JENKINS
DICKSON & ATHERTON. Wyoming, Pa
Attorneys.
ESTATE OF ZACHARIAS GINTHER. LATE
of Hazleton, deceased.
Letters testamentary upon the above named estate
^^' 'having been ^^ranted to the undersigned, all persons
39*44 1 indebted to said estate are requested to malce payment,
and those having claims or demands to present the
PSTATE OF WILLIAM T MERRITT, LATE j **'"*' ^''**°"' ^^^^^^iSi^ROTHEA GINTHER,
XL of Poughkeepsie, N. Y., deceased. k^.^^ Hazleton, Pa.
Letters testamentary upon the above named estate — -
having been jgranted to the undersigned, all persons T7STATE OF NIKOLAUS HILDEBRANDT,
indebted to said estate arc requested to make payment, Jl1» late of Wright township, deceased,
and those having claims or demands to present the| Letters tesumentary upon the above named estate
.%ame, without delay, to
M. F. MERRITT,
R. P. MERRITT,
SCHUYLER MERRITT,
A T. McCLlNTOCK, Poughkeepsie, N. Y.
Attorney.
having been granted to the undersigned, all persons
indebted to .said estate are requested to make payment,
and those having claims or demands to present the
I same, without delay, to
I GEO C. HILDEBRAND,
41-46 39-44 Mounuin Top, Pa.
25
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SHERIFF'S SALES.
Abstract of property to be sold by Wm. O'Mallcy,
Sheriff of Luzerne county, on Saturday, November 24,
A. D. 1883. at 10 o'clock A. M,, at the Arbitration
room, in the Court House, Wilkes- Barrc, who will
proceed with the different properties in the order in
which they are number, to wit ;
X
Suit of Jacob Grouse v. E. K. Shellharomer and
Augustus Crouse, Administrators of Samuel Shell-
hammer, deceased.
425 October term, 1883. Debt, $465^5. Fi. fa. 13
November term, 1883. Payne, Att'y.
I. All that tract of land in Black Creek township,
beginning at a pitch pine, thence by land of Peter
Smoyer 207 perches to a stone corner on line of Wm.
SheUhammer, thence by land of Wm. Shellhammer
and Peter Roberts 62^ perches to a comer on land of
David SheUhammer, ihcnce by said David Shellham-
mer's land 88J4 perches to a comer, thence la perches
to corner in land of John Hart, thence by land of said
Hart 8a perches to stones, thence 45 3-10 perches to
corner, thence 14 8-10 perches to stones comer, thence
by land of E. K. Shellhammer 52 4-10 perches to
stones on land of Abram Smith, thence by said Smith's
land 100 perches to the place of beginning, containing
106 acres and 35 perches ; about 05 acres improved,
with two two-story wood dwelling houses, a wood
bam, one saw mill, wagon shed and corn crib, and
other outbuildings thereon ; also two apple orchards.
2. All that tract of land in Black Cr< '
beginning at a pitch pine comer on
.reek township,
land of David
Shellhammer, running thence by said David Shell
hammer's land loi perches to a pitch pine corner,
thence 41 perches to a maple comer, thence by land
of William Reagan 118 perches to stones, thence 15
perches to comer on land of Samuel Shellhammer,
thence by said Shellhammer's land 52 4-10 perches to
•tone comer, thence 14 8-10 perches to stones, thence
s8 6-10 perches to a hemlock, thence xo perches to
Stones, thence 11 9-10 perches to a comer common to
lands of John Hart and Samuel Shellhammer, thence
by land of John Hart 49 perches to a walnut, thence
x8 3-10 perches to a stone, thence 62 perches to land
of Ferry Boone, thence by said Boone's land 69 perches
to the place of beginning, containing 87 acres and 130
perches ; about 35 acres improved, with two 3-sti>ried
wood dwelling houses, one wood bam, one wagon shed,
one wood stable, one bone mill, one apple orchard.
3
Suit of Emma Barsh v. John Keller.
Suit of Panthie Keller v. John Keller.
Suit of Ann Keller v. John Keller.
Suit of Louisa Virginia Poole v. John Keller.
3, 4, 5, and 6 Febmary term, 1881. Debt, $3,000,
|3,ooo, i3,ooo, and $3,000. Fi. fas. 56, 57, 58, and 59
November term, 1883. Harding & McGanren, Att'ys. |
I. All the following piece of land in the borough of
Kingston, beginning at a comer on the road leading
from the Lackawanna and Bloomsburg Railroad to;
Wilkes- Barre, about 73 ^ feet from the comer of Page
street, thence about 207 feet to a lot of Oliver Tumer, I
thence 75 feet to a comer of lot of said Turner, thence
about 307 feet to a comer on said road leading from thej
depot to Wilkes-Barre, thence 75 feet to the place of
beginning, containing 15,52s square feet of land, more
or less : all improved, and having erected thereon one
(jname dwelling house and outbuildings.
a. The following piece ot land in Kingston borough,
beginning on street leading from depot of Lackawannal
and Bloomsbui^ Railroad to Wilkes-Barre. at a comer
of lot sold by said Goodwin to Mrs. Coon, thence about|
•07 feet to a comer of lot belonging to Oliver Turner,
thence 65 feet to a comer, thence about 207 feet to a
comer in line of above named street, thence 65 feet to'
the place of beginning, containing 13,455 square feet
of land, more or less ; all improved, and having erected
thereon a frame dwelling house and other outbuildings.
3. All that piece of land in Plymouth township, be-
ginning at a comer on the road leading from Blindtown
to the Hollow, thence by land of John Karock 10
perches to a comer, thence by land of Jacob Apple 2H !
perches to a corner, thence by other land of John
Laird xo perches to the aforesaid road, thence along'
44
said road 3^ perches to the place of begranixis, ooa-
tainine 32^ perches of land ; excepting and resemng
all coal : all improved, and having erected thereon one
frame dwelling house and outbuildings.
4. All that lot of land in the borough of Kmcstoe,
beginning at a comer on College street of the lot now
owned by William Reddy, thence along said street ia
a southwesterly direction 50 feet to a corner, thence
southeasterly in a line paraJlel to line of Wm. Roddy's
lot and nearly parallel to the line of Cornelius Robbios'
lot about 107 feet to land of Abram Goodwin, thence
along said Goodwin's land northeasterly about 29 feet
to a comer in line ot said Reddy's lantl, theocc alo^
said line northwesterly about 5 feet to a comer, thence
northeasterly by land ot said Reddy about 31 lieet to a
comer, and thence by land of said Reddy northwesterly
about 100 feet to the place of beginning, contaimoe
about 5,174 square feet of land ; all improired, and
having erected thereon one frame dwelling bouse and
outbuildings.
5. All that lot of land in the borough of Kingstaci,
IxHinded on the northwest by Chestnut street, on the
northeast by lands now or late c^ Samuel Hoyt, 00 the
southeast by lands now or late of Harvey Tuttle. aad
on the southwest by lands of Mrs. Abram Nesbiu, be-
ing 70 feet in front on said Chestnut stteet and 180 feet
in depth ; all improved, and having erected thereoo
one frame dwelling house and outbuildings.
6. All th$it lot of land in the borough of Kingston,
beginning at the comer of Page street and the street
leading to the depot of Lackawanna and Bloomsburz
Railroad, thence about 207 feet to comer of the lot c
Oliver Tumer, ihcnce about 73 Jeei to a comer of h _
formerly owned by Mrs. Comfort Coon, thence about
Oliver Tumer, ihcnce about 73 Jeei to a comer of lot
formerly owned by Mrs. Comfort Coon, thence about
207 feet along said lot formerly owned by Mrs. Cooa
to a comer on the street leaaine to the depot, and
thence about 73 feet to the place of beginning, contain-
ing 15,111 square feet of land; all improved, and hav-
ing erected thereon one brick building, used as a store
and dwelling, and outbuildings.
7. All the surface of the following lot in the tovoship
of Plymouth, being the northeasterly comer of the
John Gould farm, beginning at the junction of the back
road leading to the village of Plymouth and a road
leading to the borough of Kingston, near the house of
the aforesaid John Keller, thence along the rogul leadii^
to Plymouth i^ perches to comer, thence 20^4 perches
10 a corner, tnence 16 perches to a comer, thcxicc
15 7-10 perches, thence 5 3-xo rods alon^ the rc»d lead-
ing to Kingston and to the place of begtiuiing, cootain-
ing 2 acres, strict measure; all improved, and having
thereon an apple orchard
8. All the following tracts of land in the township
of Plymouth, viz. :
{a) Containing part of lot No 41 of the third divtsioii
of lots, a part 01 lot No. 3 of the mountain tier of Iocs
of said township, and a part ot an eight rod road lying
between those divisions of lots, beginning at a comer
on the road leading from the township of KinBtoa to
the township of Jackson, and mnning thence by Land
of Wm. Pace 24 i-xo perches to a comer in the center
of said eight rod road, thence along the center of said
read 11 6- 10 perches to a comer, thence by a part of
said eight rod road and on the line between Nos. a
and ^ of the mountain tier of the third division 13 s-io
perches to a corner, thence by other lands of the estate
of Henry Pace, deceased, 19 4-10 perches to the first
mentioned road, thence along said road 18 7-xo perches,
thence 22 9-10 perches, and thence 8 3-10 poaches to
the place of beginning, containing 3 acres 138 perches
of land, more or less.
(i) Being a part of the aforesaid lot No. 41 at the
third division of lots, and separated from the above
described piece by the aforesaid road, beginning at a
comer on the south side of said road, and being the
westerly comer of lot No. 41, thence on the line o<
Nos. 41 and 40, 20 2-xo perches to a comer, thence by
part same lot owned by the heirs of Darias Williams.
deceased, x6 7-10 perches to a comer on said road, axKl
thence along said road 9 3-10 perches, thence 18 4-xo
perches to the beginning, containing one acre of laxid,
more or less.
All the stone coal in the last two described pieces of
land is reserved in the estate of Henry Pace, dec'd;
2
Digitized by VjjOOQIC
all improved, and having erected thereon three dwelling W. Neiir et al.; all improved, and having erected
houses, one bam, and one shop. thereon one frame house and barn.
9. All the following piece of land in the township of i 7
Plymouth, being part of lot No. ^i in the third division Suit of Abram Nesbitt, Assignee, v. P. D. Edwards
of lots in said township, beginning at the west corner' and James Crockett, Executors of Joseph M. Sutliff,
thereof in line ol land of John Gould, ' ' ' '
, thence along deceased,
land of said Keller 16 7-10 perches, thence ij^ perches,! 121 November term, 1883.
thence along the joad leading from Kingston to Blind-[45 November term, 1883.
Debt,
$96.a<
Dewitt
Fi. fe.
Att'y.
town 4 4-10 perches to a corner of a part of the same All that tract of land in the township of Ross»
lot which, in the division of the estate of Darias Wil-i bounded on the north by land of Alanson White, on
liamsy deceased, fell to the heir or heirs of Phoebe the east by lands of Geo. Wesley and Wm. Wandell,
Bark, formerly Phoebe Williams, thence along the! on the south by lands of Palmer bhaw's estate, and on
same 8a perches to land of John Gould, thence along the west by lands of Joseph Hautz, Jasper Hautz, and
said land 20 perches to a corner, thence along land of
John Gould 8a perches to the place of beginning, con-
taining 10 acres and 41 perches of land, be the same
more or less.
3
Suit of Spencer Hunt, assigned to G. W. Kirdendall,
▼. Gamer A. Parks.
123 January term, 1880. Debt, $500. Vend, ex, 60
November term, 1883, Foster, Att'y.
All that lot of land in Lehman, being part of the un-
divided portion of and lately belonging to Amos Parks,
bounded on the southeast by land now or formerly
Jacob Hautz, containing about 143 acres ; mostly im-
proved, with a frame dwelling house, frame barn, and
orchards thereon.
8
Suit of John Peters and A. A. Pursel, Executors of
the estate of Peter Pursel, deceased, v. George E.
Bachman and M. L. Bachman.
82 October term, 1883. Debt, 11,034.69. Fi. fa. 53
November term, 1887. Darlings, Att'ys.
.\ll that lot of land on the westerly side of Towanda
street, in the borough of White Haven, numbered in
the plan thereof No. 29, containing in front or breadth
by land now or formerly the plan thereof ^o. 20^
owned by Isaac Elsion, on the southwest by lands of ,on Towanda street 33 feet, and extending thence westr
Daniel jT. Whiteman, on the northwest by lands of jwardlv of that width octween lines at right angles with
David Ide, on the northeast by lands of David Ide and said Towanda street in length or depth 150 feet to
others, containing 104 acres, more or less, with one Chemung street ; all improved, with a two-story framct
two-story frame or plank house, one barn, one shed,
one wagon house, one pig pen, one orchard ; also one
frame house and one bam on the back end of the farm,
and other outbuildings and fruit trees.
Suit of the use of R. D. Lacoe and J. B. Shiffer v.
John Taher.
148 November term, 1883. Debt, $103.08. Fi. &.
37 November terra, 1883. Ferris, Att'y.
All that lot of land in Pleasant Valley borough, be-
double dwelling house and outbuildings thereon.
9
Suit of N. & P. Pearson v. C. W. Thompson.
291^ November term, 1 88a. Debt, <i52.93. Vend,
ex. 55 November term, 1883. Butler, Att'y.
I. All that lot in Jenkins township, on the main road
leading from Wilkes-Barre to Pittston, bounded on thtf
north and west by land of the Pennsylvania Coal Co..
on the south by land late of Thomas Armstrong, ana
on the east by the main road, being about 60 feet in
?*nning at a comer of lot of William Lyons in Tine of .width and about 120 feet in depth, and about 84 feet in
ittston avenue, thence 72 4-xo feet along said Lyons' width at the rear; all improved, with a large two-story
lot to a comer, thence 120 feet along lands of the Fen n- frame dwelling house, with brick basement, and other
sylvania Coal Company to a comer, thence 63 7-10 feet outbuildings thereon.
to a corner, and thence ii8J^ feet along Pittston ave-l a. All that lot in Jenkins township, on the west side
nue to the place of beginning, containing 8,620 squareiof the said main road, bounded on tne north by lands
feet of surface land, more or less; coal reserved; all
improved; no buildings.
5
Suit of R. D. Lacoe and J. B. ShifFer v. Edward
Murdock.
1 40 November term, 1883 Debt, $255.59. Fi. fe.
38 November term, 1883. Ferris, Att'y.
All that lot of land in Pleasant Valley borough, be-
late of I'homas Armstrong, on the west and south by
lands of the Pennsylvania Coal Co., and on the cast by
said main road, being about 66 feet in width and 13a
feet in depth, and about 18 feet in width at the rear-;
ail improved.
3. All that lot in Jenkins township, on the west side
of said ma'n road, bounded on the north and west by
lands of the Pennsylvania Coal Co., on the south by
einning at a corner of lot contracted to John Allen in lands of Cornelius Jones, and on the east by the main
nnc of Cross alley, thence 180 feet along said Allen's road aforesaid, being about 60 feet in width and about
lot to a comer, thence 82 77-100 feet along McAlpine 180 feet in depth ; all tmpi-oved, with a two-story frame
street to a corner, thence 180 feet to a corner, thence jdwcllinK house, with a one-half storied frame aadiliony
82 77-100 feet along Cross alley to the place of begin- and outbuildings thereon.
ning, containing 14,328 square feet 01 surface land,
more or less; coal reserved; all improved, with a two-
story frame dwelling house and outbuildings thereon.
6
Suit of Olin F. Harvey, assigned to John G. Wood,
T. F. M. Jones.
506 September term, 1879. Debt, $4.^2.70. Fi. fa.
149 October term, 1881. ^PX* Att'y.
I. All that piece of land in the city of Wilkes-Barre,
beginning at a comer of land of William How on
Franklin street, and running along said Franklin street
50 feet to land of H. Pease, thence southeasterly by
said Pease's land about 122 feet to land of W. W.
Neiier, thence by said Neiier's line 50 feet to land of
William How aforesaid, thence northwesterly by said
Suit of Wells & Smith v. Patrick Jennings.
595 October term, 1883. Debt, $319.75. Lev. fa,
49 November term, 188^. Butler, Att'y.
A lot of ground at Miners, Plains township, begin*
ning at a comeron Union street, running in a northerly
course 50 feet to lands of J. C. Harough, thence in a
westerly course 175 feet to a street, thence southerly
along said street 50 feet to lands of J. Griffith, thence-
easterly along said lands 170 feet to place of beginning^
and having erected on rear of lot a two-storied frame
building, with an ell addition.
XX
Suit of J. G. Miller v. Owen L. Hughes.
216 October term, 1878. Debt, redj^ $1,449. 50 _ AL
How's line 122 feet to the place of beginning, contain- fi. fa. 54 November term, 1883. Butler, Att'y.
ing 6,100 square feet, more or less. All that lot of land in the township of Wilkes-Barre,
2. All that piece of land in the city of Wilkes-Barre, |beginning at a comer in the southeast line of the^
beginning at a comer of land of Omer B. Smith and Lehigh and Susquehanna Railroad, and also in the line
WTW. Neilcr, thence by land of said Neiier 27 8-10, dividing certified lots Nos. 31 and 32, thence along
feet to a coraerj thenge by lands of W. S. Parsons loojthe same 180 7-xo feel to a comer, thence 1,007 feet to
feet to a comer in range with line between lots of Pease a corner, thence 125 7-10 feet to the line of said rail-
and Neiier, thence aK>ng line of land of said Pease 27 road, and thence a northeasterly course along the lint
8-to feet to a comer in line between said lots of Neiier of said railroad about 920 feet to the place of beginning^
and Pease, thence 100 feet to the place of beginning, | containing 3 acres, more or less ; all improved, with a
being all that piece of land lying between lands of W. | double two-story frame dwelling house, bam, and other
2 45
Digitized by KjOOQ IC
Hotbuildlngs, and fruit trees thereon, with a road run- TESTATE OF ANNA E. MEIKRANTZ, LATE
nine from the Wiikes-Barreand Elaston turnpike to the XL of Hazleton, deceased.
Said house, affording access to the said property. 44-46 Letters of administration upon the above oajned
, (estate having been granted to the undersigned. aU per-
ESTATE OF JOHN R. WALTERS, LATE OF »°"* indebted to said estate are reqnested to make
Plymouth, aeceased. payment, and those having claims or demands to pre-
• Letter^ of administration upon the above named ;*««' »*^« "me, without delay ,jio
estate having been granted to tne undersigned, all per- j „
»ons indebted to said estate are requested to makei^lllz
•payment, and those having claims or demands to pre- 1 PAxemir maiov 1 atp r\p
•ent the same, without delay, to T?^ « . ^^ PATRICK MALOY, LATE OF
DANIEL B. LEWIS, ] *^ **azle township, deceased
GEO. W. SHONK, Plymouth, Pa. u Lc«<^P tcstameniary uoon the above named estate
Attorney 42-47 "*ving been granted to the undersigned, all persons
indebted to said estate are requested to make payment.
and those having claims or demands to prcsem the
T. R. MARTIN,
Wilkes-Barre, Pa.
ESTATE OF JOHN W. GILLMAN, LATE OFlgame without delay, to
Wilkes-Barre, deceased. '
Wilkes-Barre, deceased
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JACOB GILLMAN,
RYMAN & LEWIS, Wilkes-Barre, Pa.
Attorneys.
ESTATE OF WILLIAM MASTERSON, LATE J^i Uie ^me, without delav. to
01 Hazle township, deceased. JOHI
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
'sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
Rev. J. J. CUMMISKEY,
D. W. CONNOLLY, Hazleton, Pa.
Attorney. 42-47
TIMOTHY MALOY.
JOHN D. HAYES, Haxleton, Pa.
Attorney, 43-46
ESTATE OF REUBEN DRF.SHER, LATE OF
Butler township, deceased.
Letters of administration upon the above named
; estate having been granted to the undersigned, all per-
j*l'£^|Sons indebted to said estate are requested to mxkt
payment, and those having claims or demands to pte-
HAYKS,
Freeland, Pa.
43-48
of Poughkeepsie, N. Y., deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
lela
tame, without delay, to
* EDWARD MERRITT,
A. T. McCLINTOCK, Brooklyn, N. Y.
Attorney. 41-46
JOHN D
ESTATE OF OBED B. FEAR. LATE OF THE
township of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per>
sons indebted to said estate are requested to make
payment, and those having claims or deouuMls to pre-
sent the same, without delay, to
JOSIAH T. FEAR,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 44-^
ESTATE OF MARGARET COOK, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to onke
payment, and those having claims or demands to pre*
sent the same, without delay, to
STATE OF HENRY MISSETT, LATE OF\ GEO. S. FERRIS.
Pittston, deceased. .1 44-49 Pittston, Pa,
I.«tters of administration upon the above named {
estate having been granted to the undersigned, all pcr-|
«ons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
RICHARD MISSETT,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 45-50
ESTATE OF SAMUEL F. SHAY, LATE OF
Fairmount township, deceased.
Letters of administration upon the above named
estate having been g^nted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
ADALINE SHAY,
O. J. HARVEY, HarveyviUe, Pa.
Attorney. 45-5©
ESTATE OF WILLIAM T. MERRITT, LATE
of Poughkeepsie, N. Y., deceased.
Letters testamentary upon the above named estate
baving been granted to the undersigned, all persons
Indebted to said estate are requested to make payment,
fcnd those bavins claims or demands to present the
tame, without dcUy, to
M. F. MERRITT,
R. P. MERRITT,
SCHUYLER MERRITT,
A. T. McCLINTOCK, Poughkeepsie, N. Y.
Attorney. 41-46
ESTATE OF ELIZA JANE MILFORD, LATE
of Chicago, Cook county, Illinois,
letters of administration upon the above named
estate having been granted to the undersigned, all per^
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
W. R. GIBBONS.
W. S. McLEAN, WUkes-BaiTc, Pa.
Attorney. 44-49
ESTATE OF ANTHONY GALLAGHER, LATB
of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to prfr>
sent the same, without delay, to
CHARLES McCARRON,
JOHN LYNCH, Haxlecon, Pa-
Att orney. ^ 44^
ESTATE OF WILLIAM GALLAGHER. LATE
of Hazleton, deceased.
46
Letters of administration npon the above
estate having been granted to tne undersigned, all pet>
sons iudebtnl to said estate are requested to make
payment, and those having claims or demtmds to pre-
sent the same, without delay, to
CHARLES McCARRON.
JOHN LYNCH, Hadeton, P«.
Attorney. 44-49
2
Digitized by VjjOOQIC
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Philip Brenner, and that said license will be asked for
in the court aforesaid, on Monday, December 3, 1883,
at zo o'clock A. M.
A. RICKETTS,
46-47 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
a[>plication for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
Samuel Rotstein, and that said license will be asked
for in the court aioresaid. on Monday, the 3d day of
December, 1883, at 10 o'clock A. M.
D. L. O'NEILL,
45-46 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
J. M. Heller, and that said license will be asked for in
the court aforesaid, on Monday, the 3d of December,
1883, at 10 o'clock A. M.
WILLIAM s. McLean,
45-46 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle on foot has
been filed in the office of the Clerk of the Court of
Quarter Sessions of Luzerne county by Peter Schlawga,
and that said license will be asked fjr in the court
aforesaid, on Monday, the 3d day of December, 1S83,
at 10 o'clock A. M.
JOHN T. LENAHAN,
45-46 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application for a license to peddle with a horse
and wagon has been filed in the office of the Clerk of
the Court of Quarter Sessions of Luzerne county by
John Brown, and that said license will be asked for in
the court aforesaid, on Monday, the 3d of December,
1883, at 10 o'clock A. M.
B. McMANUS,
45-46 Solicitor.
AUDITOR'S NOTICE.
In the Common Pleas of Luzerne county. In
Equity. No, 6, October term, 1876. Wm N. Monies
et al.. Executors, v. A. D. King. The undersigned,
an Auditor, appointed by the Court of Common Pleas
of Luzerne county to examine the fifth partial account
of G«orge Bishop, Receiver of the late firm of Howell
and Kins, and to ascertain what proportion of the fund
now in his hands may be safely distributed, and to
make distribution of the same, hereby gives notice that
he will attend to the duties of^ his appointment, at his
office, on Franklin street, in Wilke-Barre, on Saturday,
December 8, 1883, at 10 o'clock A. M., at which time
and place all parties interested are notified to appear
and present their claims, or else be debarred from com-
ing in on said fund.
THOMAS H. ATHERTON.
46-49 Auditor.
AUDITOR'S NOTICE.
The undersigned, an Auditor, appointed by the
Court of Common Pleas of Luzerne county to distnb-l
ute the fund arising from the SherifT's sale of the real!
estate of Jacob Rosenstock, will attend to the duties!
of his appointment, at his office, in the Markle Bank'
Building, Hazleton, on Wednesday, November a8th.
1883, at 10 o'clock A. M., at which time and place all
persons having claims against said fund are notified to
present the same, or be forever debarred from coming
in upon said fund.
PHILIP V. WEAVER,
43-46 Auditor.
NEW YORK, 1884.
About sixty million copies of The Sun have gone out
of our establishment during the past twelve months.
If you were to paste end to end all the columns of all
Tht Suns printed and sold last year you would get a
continuous strip of interesting information, common
sense wisdom, sound doctrine, and sane wit long
enough to reach from Printing House square to the top
of Mount Copernicus in the moon, then back to Print-
ing House square, and then three-quarters of the way
back to the moon again.
But Tk* Shm is written for the inhabitants of the
earth ; this same strip of intelligence would girdle the
globe twenty-seven or twenty-eight times.
If every buyer of a copy of TA< Sun during the past
year has spent only one hour over it, and if his wife or
his grandfather has spent another hour, this newspaper
in 1883 has afforded the human race thirteen thousand
years of steady reading, day and night.
It is only by little calculations like these that you
can form any idea of the circulation of the most popular
of American newspapers, or of its influence on the
opinions and actions of American men and women.
TAe Sun is, and will continue to be, a newspaper
which tells the truth without fear of consequences,
which gets at the facts no matter how much the pro-
cess costs, which presents the news of all the world
without waste of words and in the most readable shape,
which is working with all its heart for the cause of
honest government, and which, therefore, believes that
the Republican party must go, and must go in this
coming year of our Lord, 1884.
It you know Tk^ Sun, you like it already, and you
will read it with accustomed diligence and profit during
what is sure to be the most interesting year in its his-
tory. If you do not yet know The Sun, it is high time
to get into the sunshine.
TERMS TO MAIL SUBSCRIBERS.
The several editions of Tk* Sun are sent by mail,
postpaid, as follows :
DAILY — 50 cents a month, $6 a year; with Sunday
edition, $7,
SUNDAY— Eight pages. This edition furnishes the
current news of the world, spedal articles of ex-
ceptional interest to everybody, and literary reviews
of new books of the highest merit, f i a year.
WEEKLY— |i a year. Eight pages of the best mat-
ter of the daily issues ; an agricultural department
of unequalled value, special market reports, and
literary, scientific, and domestic intelligence make
7il^ IVeekiy Sun the newspaper for the farmer's
household To clubs of ten with Jio, an extra copy
free.
Address. I. W. ENGLAND, Publisher,
46-51 The Sun, New York City.
47
Digitized by
Google
ESTATES TO BE AUDITED BY THE
Orphans' Court of Luzerne county. Notice is
hereby given that accounts have been filed and con
finned absolutely by the court in the following csutes
1. Isaac S. Ostcrhout; Andrew T. McClintock, P
M. Ostcrhout, Lewis C. Paine, H. B, Payne, and
Andrew H. McClintock, Executors; November 20th
1883.
2. Jacob Nulton: Mary Nulton and Jacob Nulton,
Administratrix and Administrator; November 20th,
1883.
3. George Harmon ; Chester Cope, Administrator ;
November 2ist, 1883.
4. CcliaA. Dailey; Wm. E. Kyttle, Administrator ;
November 2isl. 1883,
5. Samuel Freas; Russell Freas, Administrator;
November 22d, 1883.
6. Martha E. Moore ; Calvin Parsons, Administra-
tor; November 22d, 1883,
7. David Benscoter; F. M. Benscotcr and W. J.
Benscoter, Administrators ; November 23d, 1883.
8. Abram Minich ; Mary Minich, Administratrix ;
November 23d, 1883.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they sec fit, and present their claims against said
estate, or forever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER,
44-46 Clerk 0. C.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporation," approved April 29, 1874,
and the supplements thereto, on Monday, December 3,
1883, at TO o'olock A.M., for the charter of an intended
corporation, to be called " The Young Men's Hebrew
Association," of the city of Wilkes-Barre, the character
and objects of which are the improvement of the men-
tal, mor^, and social condition of all who desire to be-
come members, and for this purpose to establish and
maintain a hall and library.
S. J. STRAUSS.
45-47 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges of
the Court of Common Pleas of Luzerne county, under
the provisions of the Act of Assembly, entitled "An
Act to provide for the incorporation and regulation of
certain corporations," approved April 29, 1874, and the
supplements thereto, on Saturday, December i, 1883,
at 10 o'clock A.M., for the incorporation of an intended
corporation, to be called "Ihe Swedish Evangelical
Lutneran Trinity Church," located in the city of
Wilkes-Barre. Pa., the character and object whereof is
the support of public worship., and for this purpose to
have, possess, and enjoy all the rights, benefits, and
privileges of said Act of Assembly and its supplements.
D. M. JONES,
45-47 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to the Governor of the
State of^ Pennsylvania, under the Act of Assembly,
entitled "An Act to provide for the incorporation and
regulation of certain corporations," approved April 29,
1874, and the supplements thereto, for the charter of an
intended corporation, to be called " The Forty Fort
Ferry Company," the character and object whereof ts
the establishment and maintenance of a ferry at Forty
Fort, in Luzerne county, and for these purpose* to
have, possess, and enjoy the rights, benefits, and priv-
ileges of said Act of Assembly and its supplements.
DICKSON & ATHERTON.
45-47 Solicitors.
ESTATE OF NABBY HAGERTY, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
PATRICK B. HARRISON.
J AS. L. LENAHAN, WUkcsBarrc. Pi.
Attorney. 46-51
WIDOWS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisements in the following estates
have been approved nisi by the Orphans' Court of
Luzerne county, and, unless exceptions arc filed, will
be presented lor final approval on Monday, the 19th
day of November, 1883 :
James Vincent, Daniel Williamson, Barney Hun-
singer, James E. Clark, Robert Major, and Josiah R.
Gregory, deceased.
JOSEPH HENDLER,
44-46 Clerk O. C.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No, 47, October term, 1882. Libel in divorce a vinculo
matrimonii. Sarah D. Day, by her next friend, Jonah
Howell, V. R. Emory Day. The alias subpoena in the
above case having been returned non est inventus,
you, the said R. Emory Day, are hereby notified to
appear at said court, on Monday, January 7, 1884, ai
10 o'clock A.M., to answer the complaint therein filed.
WILLIAM <)'M ALLEY,
B. McMANUS, Sheriff.
Solicitor. 4^-49
i WILLIAM S. McLEAN,
Attorney at Law,
wilkes-bakre. Pa-
chas. D, FOSTER,
Attorney at Law,
Wilkks-Barhk, Pa^
W. S. PARSONS,
Alderman,
Wilkbs-Barrs, Pa.
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday, November 23, 1883. No. 47.
Court of Common |JUas of Cujenu Countg.
Commonwealth ex rel. Stern v, Wilkes-Barre Gas Co.
I. Duties of corporation springing out of contract relation cannot be enforced by mandamus.
s. The duty of a gas company to supply all persons in a city with gas does not arise, like the duty of
common carriers, from the single fact that it is engaged in the business, however necessary gas
may be to the public. Such a duty can only arise from its charter.
3. Whether a declaration in the charter that a corporation is created for the purpose of supplying a
certain community with gas is alone sufficient to impose such duty, qutgrt.
4. A general grant of eminent domain, /. g.^ to enter upon the streets and on private lands to lay
pipes, etc., does impose a public duty, which an individual, who is willing to comply with the
reasonable rules of the company, may enforce by mandamus.
. Motion to quash writ of alternative mandamus.
The opinion of the court was delivered October 29, 1883, by
Rice, P. J. — This is a proceeding to compel the respondent to
supply and furnish gas to the relator for the illumination of his
dwelling. The motion to quash is in the nature of a demurrer,
and has been so treated. The reason assigned in its support is,
that the averments contained in the writ fail to show or establish
a duty on the part of the respondent to supply the relator with
gas, or any right belonging to the relator to enforce a supply by
mandamus.
Duties imposed upon a corporation, not by virtue of express
law, or by the conditions of its charter, but arising out of contract
relations, will not be enforced by mandamus, since the use of the
writ is limited to the enforcement of obligations imposed by law.
High on Extr. Leg. Rem. 228.
Digitized by VjjOOQIC
386 Stern v, Wilkes-Barre Gas Co.
The petition contains certain averments as to expenses which
the plaintiff's landlord has incurred in fitting up the house for gas
illumination and for work done by the respondent in connecting
the house pipes with its mains, and from these facts and other
acts of the respondent, not necessary to mention here, it is argued
that the latter is estopped from denying its duty to continue the
supply of gas so long as the relator is ready and willing to pay
for the same, and to submit to all reasonable regulations of the
company. Whether these alleged facts standing alone would
establish a right of action in the relator for the deprivation of a
further supply, need not be decided here. [For cases bearing
upon this question, see McKune v, Norwich City Gas Co., 30
Conn. 521; The Huddesdon Gas Co. (limited) v, Haselwood, 6
C. B. (N. S.) 239; s. c. 95 E. C. L. & Eq.; Paterson Gas Light
Co. V. Brady, 3 Dutch. (N. J.) at p. 249.] For, if his right and
the respondent's duty rest on these facts alone, they are certainly
of no higher nature than a right and duty arising from an express
contract, and hence his remedy for their enforcement, if any,
would be by action, and not by mandamus.
The question, then, arises whether it is the legal duty of the
respondent, within the limits of their manufacture and production
of gas, upon the line of its mains, and within the limits to which
the same extend, to supply gas to a resident of the city for illum-
inating purposes who desires the same, and who is ready and
willing to pay for it, and to comply with all reasonable rules of
the company? It is contended by the relator that such duty is
imposed by the conditions of the charter; while, on the other
hand, it is asserted by the respondent that its duty in this regard
is the same as, and no greater than, that of the vender of any
other commodity, and that, in the absence of contract, it may
refuse to furnish gas to any person, or may discontinue the sup-
ply without assigning any reason therefor.
The Wilkes-Barre Gas Company was incorporated by act of
April 20, 1854 (P. L. 780). Its purpose is thus stated in section 2:
'*That the corporation hereby created is so created for the pur-
pose, and for such purpose shall have authority, of supplying with
gas light the borough and township of Wilkes-Barre, . . and
such individuals residing therein and the immediate vicinity as
Digitized by VjjOOQIC
Stern v. Wilkes-Barre Gas Co. 387
may desire a supply of the same, and for distributing and selling
gas for the production of artificial light, and for making and
erecting the necessary apparatus for manufacturing and intro-
ducing the same, and constructing the requisite buildings and
machinery," etc., etc.
If this clause of the charter stood alone, it might be possible
so to construe it as not to impose the duty on the corporation of
selling and supplying its manufacture to any and every individual
who might desire. It might then be said with much force that
it should be regarded as simply declaratory of the authority and
general purpose of the corporation, and that for neglect or failure
to carry out this general purpose and object the remedy would
be, possibly, by process to annul and revoke the franchise, but
not by mandamus upon the information of any private individual
to whom the corporation might have refused to furnish gas.
Giving the clause this construction, the respondent, like any other
manufacturing or trading corporation, could choose its customers,
and would be under no legal obligation to any individual to sup-
ply him with gas, and he could acquire no right to the same,
except by contract, express or implied. The purpose of the cor-
poration would then be purely private, namely, the manufacture
and sale of gas for its own gain and profit solely, and to such
individuals as it might choose. The use of gas for illuminating
purposes in large towns and cities has become very common, and
there it has come to be regarded almost as a necessity, but it has
not been distinctly held, so far as we can find, that the doctrine
upon which the duty to the public of common carriers and inn-
keepers rests applies to companies organized or incorporated for
the manufacture and sale thereof. Their duty to the individual,
so far as he can enforce its performance, in the absence of contract,
must be shown by their charter. McKune v. Norwich City Gas
Co., 30 Conn. 521; Commonwealth v. Lowell Gas Light Co., 12
Allen (Mass.), 76; Paterson Gas Light Co. v, Brady, 3 Dutch.
(N. J.) 245; The Huddesdon Gas Co. (limited) v, Haselwood, 6
C. B. (N. S.) 239; s. c. 95 E. C. L. & Eq.
But while this clause of the charter taken by itself may not be
imperative in terms, the context clearly shows that the Legislature
intended to impose a duty, as well as to confer authority. Any
Digitized by VjjOOQIC
388 Stern v. Wilkks-Barre Gas Co.
ambiguity in the* grant to a corporation is to be construed against
it, and in favor of the public. Comrs. v. Gas Co., 2 Jones, 320.
When a statute confers upon a corporation a power to be exer-
cised for the public good, the exercise of the power is not discre-
tionary, but imperative, and the words "power" and "authority"
in such case may be construed "duty" and "obligation." Com.
of Ann Arundel County v, Duchett, 20 Md. 468.
In the construction of statutes it is frequently held that per-
missive language is to be understood as mandatory and impera-
tive where the public interests and rights are concerned, and
where the public or third persons have a right to have a granted
power exercised. Commonwealth v, Pittsburg Councils, 10 C.
513; Norwegian Street, 31 Sm. 349, 353. See, also, cases cited
in Commonwealth v. Marshall, 3 W. N. C. 185.
The grant by the Legislature to a private corporation of the
exclusive privilege to supply the inhabitants of a particular town
or city with an article in such common use as illuminating gas
would imply a duty also, and a corresponding right in the citizen,
upon compliance with all reasonable regulations and upon proper
conditions, to have his dwelling connected with its mains, which
right he could enforce, even though the grant were unaccompa-
nied by mandatory words. Shephard v, Milwaukee Gas Light
Co., 6 Wis. 533.
Here, it is true, no exclusive privileges are granted by the
charter, and while it is argued that the respondent's privileges
are practically so by reason of the fact that a charter to no other
company has been granted, yet there is nothing in the act, nor
on the face of the petition, to warrant us in assuming this fact at
the present time. There are, however, other features of the
charter which quite as unmistakably indicate the legislative intent
as would a grant of exclusive privileges, or the use of imperative
terms. For the purpose heretofore declared, namely, to supply
"with gas light the borough and township of Wilkes- Barre. and
such individuals residing therein as may desire a supply of the
same," the corporation is given authority "to enter upon any of
the public streets, lanes, alleys, and sidewalks in the borough and
township of Wilkes-Barre and vicinity, for the purpose of laying
pipes for the distribution of gas, as the company may deem neces-
Digitized by VjjOOQIC
Stern v. Wilkes-Barre Gas Co. 389
sary, and may enter into such lands and enclosures as may be
necessary, and dig trenches through and across them for the same
purpose, doing as little damage as possible to private property,
and paying for whatever injury may be done by them." In case
the parties cannot agree upon the amount of damages, it is pro-
vided that they shall be assessed by three viewers or appraisers,
to be appointed by this court upon the application of either party.
The privileges of the company are not confined to the first taking,
but extend to and include the relaying, taking up, and repairing
of the pipes as often as the same may be necessary. By these
provisions the right of eminent domain is granted in its fullest
extent, and the effect of this grant, as indicating the intent of the
Legislature in the preceding clauses of the charter, cannot be
avoided by saying that the injury to the private land-owner will
be slight. In other words, the justification for the grant of this
right must be found, if at all, in the use for which the property
may be taken, and cannot be made to depend upon the quantity
of interest acquired by. nor upon the extent of the injury which
may result from, nor upon the conditions and restrictions annexed
to, its exercise. Whether the right to take private property
without the consent of the owner is given for the purpose of
laying railroad tracks on the surface, or gas pipes beneath the
surface, it cannot be taken for a merely private use, no matter
what may be the comparitive injury in each case. But upon
what principle can the grant of this extraordinary privilege be
justified, if, as the respondent contends, the company is under no
legal obligation to supply gas to any inhabitant of the city, unless
it chooses to do so? If its legal obligation in this regard is no
greater than that of the manufecturer and vender of any other
commodity, and if the sole purpose of its incorporation was its
own gain and profit, what right has the State to authorize it to
take the property of the citizen, and use it for its own private
purposes, against his consent? Clearly none. As well might
the State grant this right for the encouragement of any other
useful trade or manufactory. The fact that incidental benefits
may be received by the public is not enough to sustain the grant,
if the public have no rights, and can acquire none, in the use to
which the property is applied.
Digitized by VjjOOQIC
390 Stern v, Wilkes-Barre Gas Co.
Says Thompson, C. J., with regard to the lateral railroad law,
which is, perhaps, as extreme a case as any in this State in which
the right of eminent domain has been exercised, "had it not been
for provisions contained in it, that the public might use such
roads when made on conforming to certain regulations and pay-
ing tolls, together with the reserved right of the State to take
such improvements at* any time on reimbursing the cost of con-
struction, the act never could have been sustained." Keeling v.
Griffin, 6 Sm. 306.
The private road law is sustained upon analogous principles.
With regard to that class of cases, principally in Massachusetts,
which sustain the grant of this power for the erection of mill
dams and condemnation of mill sites, Judge Cooley says: "It is
quite possible that in any State in which this question would be
entirely a new one, and where it would not be embarrassed by
long acquiescence, or by either judicial or legislative precedents,
it might be held that these laws are not sound in principle, and
that there is no such necessity, and consequently no such imper-
ative reasons of public policy, as would be essential to support
an exercise of the right of eminent domain." Cooley on Con.
Lim. *536.
Butt without further digression, we have no doubt that the
supplying of the city in its municipal capacity, and such inhabi-
tants thereof as may desire the same, with gas or water, is a public
purpose for which, from the necessity of the case, the Legislature
may grant the privilege to a private corporation to exercise the.
right of eminent domain. But the difference between such a
grant and the grant which the respondent claims to have by its
charter is manifest. In the one case the purpose of the appro-
priation of private property is to supply such of the inhabitants
constituting the general public in the community as may desire
the same, while in the other case the purpose would be to supply
only such persons as the company, in its discretion, or, possibly,
in its caprice, might choose. In the one case the purpose is a
public one, although all of the individuals constituting the public
might not choose to take advantage of their privilege, while in the
other case the purpose would be as purely private as that of a
mining company or an ice company. It is argued that one of the
Digitized by VjjOOQIC
Stern v, Wilkes- Barre Gas Co. 391
declared purposes of the incorporation of the respondent is to
furnish gas to the city and township in their municipal capacity,
and that this is enough to sustain the delegation of the right of
eminent domain without inferring a duty to supply individuals.
This argument is based on a false premise; for, by the terms of
the charter, the duty of the respondent to the city is made no
more compulsory than is its duty to the relator, or any other
resident, under the same circumstances.
Finally, it is argued that the most that can be said is, that thd
delegation of this right of eminent domain was invalid, and that,
if this be conceded by the respondent, the rest of the act can
stand, and should be construed by itself. We cannot concur
with the counsel in so viewing the case. As we have already
stated, no constitutional objection can be made to any part of the
act when the whole is considered together, and its purpose prop-
erly understood. And we are required to so construe the act as
to give effect to all of its provisions, if possible. We are not
authorized to reject any single provision of the act as invalid in
order to avoid its effect upon the construction of other provisions.
When, therefore, the respondent was incorporated for the express
purpose of supplying gas to the city, and such individuals resid-
ing therein as might desire the same, and for this purpose was
given the right of eminent domain, we conclude that the Legis-
lature had a public purpose in view beyond, but not inconsistent
with, the respondent's gain and profit; and that from the nature
of the declared purpose for which it was created, taken together
with, and explained by, the nature of the extraordinary privileges
which were granted to carry out that purpose, a legal duty is
implied; and further, that a resident of the city, coming within
the conditions of the question stated at the outset, has such a
right as can be enforced by mandamus.
And now, to wit, October 29, 1883, the motion to quash is
overruled, and the respondent is directed to make return within
ten days.
S. J. Strauss, Esq., for relator.
H. A. Fuller, Esq., for respondent.
Digitized by VjjOOQIC
392 Smythe v. Morgan.
Court of Common pUoa of £n^nu (Sotmtg.
Smythe v, Morgan.
certiorari— ymstict o/tkeptact — Short tummoms.
A summons issued on the ajd, returnable on the 37th of the month, and was retonied tenred oa the
a3d by leaving a copy at the dwelling house of the defendant in presence of another : //eidf
that upon this state of the record the issuing of a short summons was irr^ular.
Certiorari,
The opinion of the court was delivered September 17, 1883, by
Rice, P. J. — The summons in this case issued on April 23,
1883, and was returnable on April 27, 1883. There is nothing
on the face of the transcript, nor in the precept, to indicate that
the defendant below was a non-resident of the county. Indeed,
the return to the summons indicates the contrary. It reads as
follows: "Served the' within summons the 23d day of April. 1883,
by leaving a copy of it at the dwelling house of the defendant,
James Smythe, in presence of Mrs. C. M. Steele." Clearly, this
was not a case for a short summons, and, therefore, the proceed-
ings must be reversed. Ferris v, Zeidler, 5 Phila. 529. If the
defendant below was, in fact, a non-resident of the county, it
should have appeared either on the transcript or the precept
We also suggest that the return itself does not follow the statute
as strictly as it should.
The proceedings are reversed and set aside.
Thos. H. Atherton, Esq., for plaintiff in error.
D. M. Jones, Esq., for defendant in error.
"Have you had your ears pierced?" asked a young lady of
her chum, who lived next door. " I should think so," was the
crushing reply, " hearing you sing every day." There is now a
great gulf of coldness between them.
Digitized by VjjOOQIC
NEW YORK, 1884.
ESTATE OF NABBY HAGERTY, LATE OF
Wilkcs-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebt^ to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
PATRICK B. HARRISON,
J AS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney. 46-51
lE^
STATE OF NATHAN HONTZ, LATE OF
Slocum township, deceased.
Letters of administration upon the above named
About sixty million copies of The Sun have gone out
Ki our establishment during the past twelve months.
If you were to paste end to end all the columns of all
The Sun* printed and sold last year you would get a , ^^^c. »»*^i»«.*»««" 8™"'*^ V" '*** »nd««>f«d, all per
. r . . . f . jsons indebted to said estate are requested to make
conuouous strip of interesting information, common payment, and those having claims or demands to pre-
sense wisdom, sound doctrine, and sane wit long &ent the same, without delay, to
STI
enough to reach from Printing House square to the top
of Mount Copernicus in the moon, then back to Print-
ing House square, and then three-quarters of the way
back to the moon again.
But The Snn is written for the inhabitants of the
earth ; this same strip of intelligence would girdle the
^obe twenty-seven or twenty-eight times.
If every buyer of a copy of The Sun during the past
year has spent only one hour over it, and if hi< wife or
his grand&ther has spent another hour, this newspaper
in 1883 has afforded the human race thirteen thousand
years of steady reading, day and night.
It is only by little calculations like these that you
can form any idea of the circulation of the most popular
of American newspapers, or of its inBuence on the
opinions and actions of American men and women.
The Sun is, and will continue to be, a newspaper
which tells the truth without fear of consequences,
which gets at the fects no matter how much the pro-
cess costs, whkh presents the news of all the world
without waste of words and in the most readable shape,
which is working with all Its heart for the cause of
honest government, and which, therefore, believes that'
EPHEN HONTZ,
D. O. COUGH LIN, Slocum, Pa.
Attorney. 45-50
ESTATE OF PATRICK McDONALD, LATE
of Union township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JAMES McDonald,
D. L. O'NEILL, Wilkes-Barre, Pa.
Attorney. 45-50
ESTATE OF HENRY MISSETT, LATE OF
Pittsion, deceased,
letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
RICHARD MISSETT,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 45-5©
ESTATE OF SAMUEL F. SHAY, LATE OF
Fairmount township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
the Republican party must go, and must go in this i payment, and those having claims or demands to pre-
coming year of our Lord, 1884.
It you know The Sun, you like it already, and you
will read it with accustomed diligence and profit during
what is sure to be the most interesting year in its his-
tory. If you do not yet know The Sttn, it is high time
to get into the sunshine.
TERMS TO MAIL SUBSCRIBERS.
The several editions of The Sun are sent by mail,
postpaid, as follows :
DAILY — 50 cents a month, $6 a year; wkh Sunday
edition, $7.
SUNDAY— Eight pages. Thb edition furnishes th^
current news of the worid, special articles of ex-
sent the same, without delay, to
ADALINE SHAY,.
O. J. HARVEY, HarveyviUe, Pa.
^'^^'7*^: 45-50
ESTATE OF ANNA E. MEIKRANTZ, LATE
of Hadeion, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
T. R. MARTIN,
43-48 _ Wilkes-Barre, Pa.
ESTATE OF REUBEN DRESHER, LATE OF
Butler township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
^ ^ ,,. ,sons indebted to said estate are requested to make
ceptionalmterest to everybody, and literary reviews 'payment, and those having claims or demands to pre-
of new books of the highest merit, f i a year. .sent the same, without delay, to
WEEKLY-#i a year. Eight pages of the best mat-l^^^g S^^^ ^ Fn^* Pa.
ter of the dally issues ; an agricultural department . * — ^ —
of unequaUed value, special market reports, and TESTATE OF MARGARET COOK, LATE OF
literary.sdentific, and domestic inteUfgence make -V Pittston, deceased.
.^ ..; , . ^ . , r *. .1 Letters of admimstration upon the above named
The If'eeh/r Sun the newspaper for the farmer s ^^^ having been granted to the undersigned, all per-
houtehold Toclubsof ten with ^10, an extra copy I sons indebtol to said estate are requested to make
^^^ payment, and those having claims or demands to pre-
... * w tmr ovrr^T AKTrw n. i.i* i. | sent the Same, without delay, to
Address, I. W. ENGLAND, Publisher, | GEO.. S. FERRIS,
46-si 7)l« Sm, New York City. '44-49 * Pittston' Pa.
2 53
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Google
ESTATE OF JOHN KENNEDY, LATE OF
the borough of Hazleion, deceased.
Lettcra of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to ma)ce
payment, and those having claims or demands to pre-
sent the same, without delay, to
GEORGE H. TROUTMAN.
47-52 Hazleton, Pa.
ESTATE OF CHARLOTTE WESLEY, LATE
of Ross township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
JONATHAN O. IDE,
48-x Lehman, Pa.
ESTATE OF DAVID R. HOWELL, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
LEVI HOWELL,
E. S. OSBORNE, Kingston, Pa.
Attorney. 47-5^
ESTATE OF WILLIAM LINDEN, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebtMl to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
F. E. BROCKWAY,
C. B. JACKSON, Beach Haven, Pa.
Attorney.
ESTATE OF MARY ANN DUFFY, LATE OF
PitUton, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and tho$e having claims or demands to pre-
sent the same, without delay, to
FRANK TRACY,
WILLIAM KEATING,
JOHN T. LENAHAN, Pittsion. Pa,
Aitomcy. 47-5«
ESTATE OF PATRICK MALOY, LATE OF
Hazle township, deceased
Letters testamentary upon the above named estate
having been granted to tne undersigned, all persons
indebted to said estate are requested to maicc payment,
and those having claims or demands to present the
same, without delay, to
TIMOTHY MALOY,
JOHN D. HAYES. Hazleton. Pau
Attorney. 43-48
ESTATE OF OBED B. FEAR, LATE OF THE
township of Pittston, deceased.
Letters of administration upon the above nanted
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JOSIAH T. FEAR,
GEO. S. FERRIS, Pittston, Pa-
Attorney. 44--^
ESTATE OF WILLIAM McLAUGHLIN, LATE
of Wilkes-Barrc, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY HANEHAN,
J AS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney.
ESTATE OF ANTHONY GALLAGHER, LATE
of Hazleton, deceased.
Letters of administration upon the above named
esutc having been granted to the undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
48-1 sent the same, without delay, to
CHARLES McCARRON,
JOHN LYNCH, Hazleton, Pa.
Attorney. 44-49
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 24, May term, 1883. Libel in divorce a vinculo
matrimonii. Ida A. Jones, by her next friend. W^illtam
Anman. v. John Jones. To'John Jones — Please take
, notice that the court has granted a rule on you to show
4^-' cause why a divorce a vinculo matrimonii shall ikh be
ESTATE OF JAMES R. LEWIS, LATE OFi'V"^*^"^ «"V*»^^ '"JtT**^ **** ^''T*^"'' *^'* *^
Kingston township, deceased. i?« subpoena having failed on account ofyour absence.
Letters testamentary upon the above named estate i '^^^^.^^''Y" Monday, the loth of December. 1883,
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,'
and those having claims or demands to present the
same, without deUy, to
NANCY F. LEWIS,
T. H. B. LEWIS, Tnicksville, Pa.
Attorney. 48-1
47-48
E. D. NICHOLS,
S<4icitor.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 460, October term, 1883. Libel in divorce a vincolo
matrimonii. John Leinbach v. Mary Alice Leinhach.
ESTATE OF ELIZA JANE MILFORD, LATE, The alias subpoena in the above case having been rc-
of Chicago, Cook county, Illinois, deceased. turned non est inventus, you, the said Marv Alice
Letters of administration upon the above named] Leinbach, are hereby notified to appear at said court,
estate having been granted to the undersigned, all per- on Monday, January 7th, 1884. at 10 o'clock A. M., to
sons indebted to said estate are requested to make answer the complaint therein filed,
payment, and those having claims or demands to pre- 1 WILLIAM O'MALLEY,
sent the same, without delay, to I GEO. H. TROUTMAN, Sheriff.
W. R. GIBBONS, , Solicitor. 47-50
W. S. McLEAN, Wilkes-Barre, Pa. r^Tr;; .,...Tr ,^r. \^:^
Attorney. 44-49' T UZERNE COUNTY, ss :
— J^ In the Court of Common Pleas of said county.
ESTATE OF WILLIAM GALLAGHER, LATE No. 47, October term, i88a. Libd in divorce a vinculo
of Hazleton, deceased. matrimonii. Sarah £>. Day, by her next friend, jimah
Letters of administration upon the above named Howell, v. R. Emory Day. The alias subpoena m tbe
estate having been granted to the undersigned, all pet- above case having been returned non est inventus,
sons indebted to said estate are requested to make you, the said R. Emory Day, arc hereby notified to
payment, and those having claims or demands to pre- appear at said court, on Monday, January 7, X8&4, at
sent the same, without delay, to 10 o'clock A.M., to answer the complaint tnereio filed.
CHARLES McCARRON, i WILLIAM O'MALLEY,
JOHN LYNCH, Hazleton, Pa. B. McMANUS, Sheriff.
Attorney. 44-49 Solicitor. 46-49
54 2
Digitized by VjjOOQIC
LUZERNE COUNTY, s$:
In the Court of Common Pleas of said county.
No. 109, February term, 1883. Libel in divorce a vin-
culo matrimonii. Margaret A. Seibert, by her next
friend, Henry Klinger, v. W. G. Seibert. To W. G.
Seibert — Please take notice that the court has granted
a rule on you to show cause why a divorce a vinculo
matrimonii shall not be made and entered in favor of
the libellanl, service of the subpoena having failed on
account of your absence. Returnable on Saturday,
December 15, 1883, at 10 o'clock A. M.
ELLIOTT P. KISNER,
4^51 Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 576, October term, 1883. Libel in divorce a vinculo
matrimonii. Waikins Winston v. Elizabeth Winston.
The alias subpoena in the above case having been re-
turned non est inventus, vou, the said Elizabeth Win-
ston, are hereby notified to appear at said court, on
Monday. January 14th, 1884, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
Q. A. GATES, SheriflF.
Solicitor. 48-51
AUDITOR'S NOTICE.
In the Common Pleas of Luzerne county. In
Equity. No. 6, October term, 1876. Wm N. Monies
et al., Executors, v. A. D. King. The undersigned,
an Auditor, appointed by the Court of Common Fleas
of Luzerne county to examine the fifth partial account
of George Bishop, Receiver of the late firm of Howell
and King, and to ascertain what proportion of the fund
now in his hands may be safely distributed, and to
make distribution of the same, hereby gives notice that
he will attend to the duties of his appointment, at his
office, on Franklin street, in Wilke-Barre, on Saturday,
December 8, 1883, at 10 o'clock A. M., at which time
and place all parties interested are notified to appear
and present their claims, or else be debarred from corn-
ins in on said fund.
THOMAS H. ATHERTON.
46-49 Auaitor,
ORPHANS' COURT SALE.
Estate of Sarah Budd, deceased. In Partition.
By virtue of an order of the Orphans' Court of Luzerne
county, the undersigned will expose to public sale, at
the Arbitration room, in the Court House, at Wilkes-
Barre, Pa., on Friday, December 14, 188^, at 3 o'clock
P. M., the equal undivided half part of that certain
tract of land, situate in the township of Jenkins,
Luzerne county. Pa., being designated as lot No. 23
in the third tier of lots of the second division of the
certified township of Pittston, bounded and described
as follows : Banning at a comer of lots Nos. 34 and
23 ; thence south 25 J6 degrees west, 46 perches to a
comer of lot No. 22 ; thence along the line of lot No.
22, south 61 degrees west. 532 perches to a comer of
lot No. 22; thence north 40 degrees east. 45 3-10
perches to a comer of lot No. 24 aforesaid ; thence
along the line of said lot No. 2a, south 6i degrees east,
520 3-10 perches to a corner, the place of beginning ;
containing 140 acres and 33 perches, be the same more
or less ; all improved. Supposed to be in whole or in
part within the coal measures.
Terms of Sale — 10 per cent down at time of sale,
and balance on confirmation of the sale and delivery
of the deed.
W. W. AMSBRY,
ANDREW H. McCLINTOCK, Trustee.
Attorney. 47-49
ORPHANS' COURT SALE.
Estate of Elizabeth B. Ashelman, deceased. By
virtue of an order of the Orphans' Court of Luzeme
county, there will be exposed to public sale, at the
Arbitration room, in the Court House, Wilkes-Barre,
on Saturday, December 22, 1883, at xo o'clock A. M.,
the surface of all that piece of land in the borough of
West Pittston, beginning at a comer on Luzeme ave-
nue, thence along said avenue 51 feet to a comer on
line of lands of J. S. Carpenter, thence along said lands
216 feet to a comer on line of other lands <n said J. S.
Carpenter, thence along said lands 43 }4 feet to a comer
on hne of lands of one Sickler, and thence along said
lands 2x6 feet to the place of beginning ; all improved,
with a two-storied frame dwelling house thereon ; ex-
cepting and reserving all coal and other minerals.
Tbrms of Salb— ^00 down, and balance on confir-
mation of sale and delivery of deed.
PETER ASHELMAN,
E. D. NICHOLS, Executor.
Attomey. 48-50
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of As-
sembly, entidcd "An Act to provide for the incorpora-
tion and regulation of certain corporations," approved
April 29th, 1874, and the supplements thereto, for the
incorporation of^ an intended corporation, to be called
** The Parrish Coal Company," the character and ob-
jecu of which are the mining, preparing, shipping,
selling, purchasing, and otherwise dealing in anthracite
coal, and also the leasing, purchasing, and holding of
real estate connected therewith.
J. A. OPP,
48-50 Solicitor
N'
OTICE IS HEREBY GIVEN THAT AN
_ application will be made to one of the Judges
of the Court of Common Pleas of Luzeme county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporation," approved April 29. 1874,
and the supplements thereto, on Monday, December 17,
1883, at 10 o'olock A.M., for the charter of an intended
corporation, to be called " The Freeland Citizens Hose
Company," the character and objecte of which are the
extinguishing of fires, and to have for that purpose
hose, engines, ladders, trucks, etc.
JOHN D. HAYES,
48-50 Solicitor.
WILLIAM a McLEAN,
Attorney at Law,
Wilkbs-Barrb, Pa.
ORPHANS' COURT SALE.
Estate of Samuel Wolfe, deceased. By virtue
of an order of the Orphans' Court of Luzerae county,
therewill.be sold at public sale, on the premises, on
Wednesday, December \^, 188^, at lo o'clock A. M.,
the following real estate m Union township, surveyed
in the name of David McCormick, lying on west side
of a public road, beginning at a comer now or formerly
of lands of Ezra Dodson, thence along said line to a
comer in lands of Wesley Dodson, thence to said pub-
lic road, thence alon^ same to beginning, containing s
acres, more or less ; improved.
Tbrms of SALB--One-hall cash at sale, and balance
on confirmation of sale and delivery of deed.
BENJAMIN GREGORY,
S. M. RHONE, Administrator.
Attomey 47-49
2
CHAS. D. FOSTER,
Attoeney AT Law,
Wiucbs-Bar
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The Luzerne Legal Register.
Vol. XII. Friday. December 7, 1883. No. 49.
Court of Common {pltoa of Cn^eme County.
Hoover et ux. v. Van Loon.
1. In a suit before a justice of the peace against a husband and wife upon a contract for necessaries,
it must appear affirmatively that the claim and the proof show that the debt was contracted far
articles necessary for the support of the family of the said husband and wife.
a. A claim simply for " fiimily necessaries " does not give jurisdiction against the wife, for the articles
may have been for some other 6atmily.
3. Such a record may be ctrtiorarUd after twenty days for want of jurisdiction.
The opinion of the court was dehVered September 12, 188 1, by
Rice, P. J. — In order to make a married woman liable upon a
contract or claim of the kind alleged in this record, it must not
only be alleged, but proved, that the debt sued for was contracted
by the wife, and was incurred for articles necessary for the support
of the family of the said husband and wife. Murray v. Keyes, 1 1
C. 384; Parker v. Kleeber, I Wr. 251; O'Malley v, Dempsey, 2
Luz. Leg. Reg. yT\ Ingham v, Sickler, Id. 105; Linker v. Feist,
6 Id. 116.
If the record of the claim as made before the justice showed
his jurisdiction affirmatively, this certiorari would have been taken
too late. Shupp v, Orts, i Kulp, 303 ; 10 Luz. Leg. Reg. 44.
But if his jurisdiction does not affirmatively appear, the want
of it may be alleged on certiorari^ even though the twenty days
have expired before the writ was sued out.^ (See cases cited
above.) Lacock v. White, 7 H. 498; Paine v. Godshall, 1 Luz.
Leg. Reg. 3.
The defect in this record is that it does not affirmatively appear.
Digitized by VjjOOQIC
400 Church v. City of Scranton.
but is left to inference, which does not exclude all other inferences,
that the "family necessaries,** for which the debt was contracted,
were "articles necessary for the support and maintenance of the
family of the husband and wife.** The terms " family necessaries *'
are descriptive terms, which might apply to articles bought for
any other family than that of the defendant. They do not amount
to an averment of the fact which the statute makes necessary and
indispensible in order to give jurisdiction.
The proceedings are reversed.
John T. Lenahan, Esq., for plaintiffs in error.
Charles Pike, Elsq., for defendant in error.
(Ecrart of (Eommcnt Jpleoa of Cu^ente (Eotmtg.
Church, assigned, v. City of Scranton.
Practice— Local action — County— DivUion of— Effect on local actione^Mmdcipal eor^ortUioet—
Action agai$ut—ymlgyHcnt—ExempUfication qf.
I. An action against a municipal corporation is local^ and must be brought and tried in the cooit of
the proper county.
a. An action against the city of Scranton (now in Lackawanna county) cannot be tried in the court
of Luzerne county since the division of the county, though the same was pending and at issue at
the time of the division.
Rule to Strike off judgment on verdict.
The opinion of the court was delivered March i8, 1882. by
Rice, P. J. — When this case was called for trial, no appearance
was made for the defendant, and on the case made out by the
plaintiff the verdict went against her. The grounds upon which
this rule is based are, that the action, being against a municipal
corporation, is local, and that the court had not jurisdiction to try
it. The material dates, as shown by the record, are as follows :
May 15, 1878 — Summons. Exit.
June I, 1878 — Defendant pleads non assumpsit^ etc.
June 8, 1 88 1 — Verdict for plaintiff.
June 13, 1881 — ^Judgment on the verdict
November 15, 1881 — Rule to strike off judgment.
Digitized by VjjOOQIC
Church v. City of Scranton. 401
It is to be observed that between the dates of the plea and
verdict the county of Lackawanna was erected out of the county
of Luzerne, and from that time on it does not appear that any-
thing was done by the defendant to recognize the jurisdiction of
this court to proceed further in the case.
It was expressly decided in Lehigh County v, Kleckner (5
W. & S. 181), that actions against public municipal corporations
are not transitory, but local, and must be brought in the court
of the proper county.
This well considered case was followed in Oil City v. McAboy
(24 Sm. 249), and it was there held, that judgment can be con-
fessed by such corporation only in the court of the proper county,
because consent cannot confer jurisdiction against the laws of the
State. "The reasons," says Mr. Justice Agnew, "are founded in
the convenience and policy of the State, and the limited remedy
for the payment of debts."
It is needless to repeat what is said in these cases as to the
remedy for the enforcement of judgments against such corpora-
tions. It is enough to say that both cases unequivocally decide
that the sole remedy is by mandamus, which can be issued only
by the court of the county in which the public corporation
defendant exists. As to the exclusiveness and applicability of
this remedy to judgments against cities, see Monaghan v. Phila-
delphia, 4 C. 207, and Parke v. Pittsburg, i Pitts. Rep. 218.
It is suggested, however, that the judgment may be transferred
by exemplification to Lackawanna county, and enforced by man-
damus there. The new connty legislation makes . no specific
provision for the removal or transfer of final judgments obtained
after the division of the county, and, therefore, such removal or
transfer must be under the act of April 16, 1840 (P. L.410; P. D.
82i,/>/. 14).
The same argument, based on the remedy given by the act of
1840, was made in the case of Lehigh County 2/. Kleckner (supra).
The court, however, did not deem the argument worthy of special
consideration, doubtless for the reason that the remedy for en-
forcement of judgments transferred by exemplification under that
act is by execution, etc., "as prescribed by the act of June 16,
1836," and the latter act excepts from its provisions counties,
Digitized by VjjOOQIC
402 Church v. City of Scranton.
townships, and other public corporate bodies. Act of June i6,
1836, § 72, P. L. 774. There would be force in the argument,
based on the fact that the jurisdiction of this court had once
attached, if the effect of the division of the county, in ousting the
jurisdiction of this court to enter judgment, were to compel the
plaintiff to abandon his action, and to begin de novo in the new
county. But such is not the effect. The act of April 22, 1879
(P. L. 26, § i), exactly meets the case, and removes all grounds
for argument in favor of overturning the well decided cases cited.
It is there provided that "all local actions originally commenced
in the county from which said new county shall have been taken,
but which, after the division, appertain and belong to the territory
embraced within said new county, shall, upon the application of
any of the parties thereto, and the order of the court, or of a judge
thereof, be removed to the said new county," etc. It is unnec-
essary to decide whether or not the removal of every local action
is made compulsory by this act. It is enough to say that under
the authority of the decided cases, it provides a complete, and the
only, mode of procedure by which a plaintiff can obtain a judg-
ment in a suit against a municipal corporation, the payment of
which he can enforce. See Fabrigas v, Mostyn, Cowp. 176-177,
I Ch. Plead. 266-267.
It follows that the reasons against the jurisdiction of this court
to try the case and enter judgment, based on the inability of the
court to issue any process to enforce its payment, are as applicable
and forcible here as they were to prevent the court from taking
jurisdiction in the first instance in the cases cited.
The rule is made absolute.
Hon. D. W. Connolly, for plaintiff.
I. H. Burns, Esq., for defendant.
Digitized by VjjOOQIC
NEW YORK, 1884.
ESTATE OF NATHAN HONTZ, LATE OF
Slocum township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per*
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
STEPHEN HONTZ,
D. O. COUGHLIN,
Attorney.
Slocum, Pa.
45-50
About sixty million copies of Tkt Sun have gone out
of our establishment during the past twelve months.
If you were to poste end to end all the columns of all
7%^ Suns printed and sold last year you would get a '
continuous strip of interesting information, common
sense wisdom, sound doctrine, and sane wit long
enough to reach from Printing House square to the top
of Mount Copernicus in the moon, then back to Print-
ing House square, and then three-quarters of the way
back to the moon again.
But The Snn is written for the inhabitants of the
earth ; this same strip of intelligence would girdle the
globe twenty-seven or twenty-eight times.
If every buyer of a copy of The Sun during the past
year has spent only one hour over it, and if his wife or
his grandfather has spent another hour, this newspaper
in 1883 has afforded the human race thirteen thousand
years of steady reading, day and night.
It is only by little calculations like these that you
can form any idea of the circulation of the most popular
of American newspapers, or of its Influence on the
opinions and actions of American men and women.
The Sun is, and will continue to be, a newspaper
which tells the truth without fear of consequences,
which gets at the facts no matter how much the pro-
cess costs, which presents the news of all the world
without waste of words and in the most readable shape,
which is working with all its heart for the cause of
honest government, and which, therefore, believes that
the Republican party must go, and must go in this
coming year of our Lord, 1884.
It you know Tk* Sun, you like it already, and you
will read it with accustomed diligence and profit during
what is sure to be the most interesting year in its his-
tory. If you do not yet know TAr Sun, it is high time
to get into the sunshine.
TERMS TO MAIL SUBSCRIBERS.
The several editions of TA* Sun are sent by mail,
postpaid, as follows :
DAILY — 50 cents a month, $6 a year; with Sunday
edition, $7.
SUNDAY— Eight pages. This edition furnishes th^
current news of the world, special articles of ex-
ceptional interest to everybody , and literary reviews
of new books of the highest merit, f i a year.
WEEKLY— |i a year. Eight pages of the best mat-
ter of the daily issues; an agricultural department
of unequalled value, special market reports, and
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Tke IVtekiy Sun the newspaper for the former's
household To clubs of ten with $10, an extra copy [
free. I
Address, I. W. ENGLAND, PublUher, i
46-51 The Sun, New York City. '
2
ESTATE OF PATRICK McDONALD, LATE
of Union township, deceased.
Letters of admmistration upon the above namftd
estate huvmg been granted to the undersigned, all per-
M>ns indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JAMES McDONALD,
D. L. O'NEILL, Wilkes-Barrc, Pa.
Attorney. 45-50
ESTATE OF HENRY MISSETT, LATE OF
Pittston, deceased.
J..etteni of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
RICHARD MISSETT,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 45-50
ESTATE OF SAMUEL F. SHAY, LATE OF
Fairmount township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
ADALINE SHAY,
O. J. HARVEY, Harveyville, Pa.
Attorney. 45-5©
ESTATE OF JOHN KENNEDY, LATE OF
the boroush of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
GEORGE H. TROUTMAN,
47-52 Hazleton, Pa.
ESTATE OF NABBY HAGERTY, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
PATRICK B. HARRISON,
JAS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney. 46-51
ESTATE OF CHARLOTTE WESLEY, LATE
of Ross township, deceased.
Letters testamentary upon the above named estate
having been granted to the unaersigncd, all persons
indebted to said estate are requested to malce payment,
and those having claims or demands to present the
saoM, without delay, to
JONATHAN O. IDE,
48-1 Lehman, Pa.
ESTATE OF MARGARET COOK, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebt^ to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
dEO. S. FERRIS,
44-49 Pittston, Pa.
57
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ESTATE OF AMANDA E. LANING, LATE
of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
GEORGE C. SMITH,
E. P. DARLING,
49-9 Wilkes-Barre, Pa.
ESTATE OF MINERVA STURDEVANT.
late of Peckville, Lackawanna county.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons indebt^ to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. J. STURDEVANT,
49-a Wilkes-Barre, Pa.
ESTATE OF SARAH GUNTON, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JAMES C. DRIESBACH,
WM. S. McLEAN, Wilkes-Barre, Pa.
Attorney. 49-3
ESTATE OF LOUIS EMORY, LATE OF THE
city of Wilkes-Barre, deceased.
Letters of administration upon the above named
esute having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. P. DARLING,
49-a Wilkes-Barre, Pa.
ESTATE OF MARY ANN DUFFY, LATE OF
Pittston, deceased.
Letters of administration upon the above naoed
estate having been granted to tne undersigned, all pet'
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
FRANK TRACY,
WILLIAM KEATING.
JOHN T. LENAHAN, Pittston, Pa.
Attorney. 47-5*
ESTATE OF DAVID R. HOWELL, LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the tmdersigned. all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
LEVI HOWELL.
E. S. OSBORNE, Kingston, Pa.
Attorney. 47-5*
ESTATE OF WILLIAM LINDEN. LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
F. E. BROCKWAY,
C. B. JACKSON, Beach Haven, Pa.
Attorney. 48-1
ESTATE OF OBED B. FEAR, LATE OF THE
township of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JCiSIAH T. FEAR,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 44-49
ESTATE OF ANTHONY GALLAGHER, LATE
of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
CHARLES McCARRON,
JOHN LYNCH, Haxleton, Pa.
Attorney. 44*49
ESTATE OF ELIZA JANE MILFORD, LATE
of Chicago, Cook county, Illinois, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
W. R. GIBBONS.
W. S. McLEAN, Wilkes-Barre, Pa.
Attorney. 44-49
ESTATE OF WILLIAM GALLAGHER, LATE
of Hazleton, deceased.
Letters of administration upon the above named
esute having been granted to tne undersigned, all per-
sons indebted to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
CHARLES McCARRON,
JOHN LYNCH, Hazleton, Pa.
Attorney. 44-49
ESTATE OF WILLIAM McLAUGHLIN, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
esute having been granted to tne undersigned, ali per-
sons indebted to said esute are requested to nuke
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY HANEHAN,
J AS. L. LENAHAN, WUkes-Barrc, Pa.
Attorney. 48-1
ESTATE OF JAMES R. LEWIS, LATE OF
Kingston township, deceased.
Letters tesumenury upon the above named estate
having been granted to the undersigned, all persons
indebted to said esute are requested to make payment,
and those having claims or demands to present tibc
same, without deLiy, to
NANCY F. LEWIS,
T. H. B. LEWIS, TiucksTille, Pa.
Attorney. 48-1
O'
58
RPHANS' COURT SALE.
Esute of Sarah Budd, deceased. In Partitiocu
By virtue of an order of the Orphans' Court of Luzerne
county, the undersigned will expose to public sale, at
the Arbitration room, in the Court House, at Wilkes-
Barre, Pa., on Friday. December 14, 1883, at 3 o'clock
P. M., the equal undivided half part of that certain
tract of land, situate in the township of Jenkins,
Luzerne county. Pa., being designated as lot No. 93
in the third tier of lots of the second division of the
certified township of Pittston, bounded and described
as follows : Beginning at a comer of lots Nos. 04 and
23 ; thence south 25^ degrees west, 46 perches to a
corner of lot No. aa ; thence along the line of lot No.
2a, south 6x degrees west. 532 perches to a comer of
lot No. aa; thence north 40 degrees east. 45 3-10
perches to a comer of lot No. a4 aforesaia ; thence
along the line of said lot No. 2a, south 61 degrees east,
520 3-X0 perches to a comer, the place of beginnii^ :
conuining 140 acres and 33 perches, be the same moce
or less ; all improved. Supposed to be In whole or in
part within the coal measures.
Tbrms op Sale — xo per cent down at tJme of sale,
and balance on confirmation of the sale and deUvcry
of the deed.
W. W. AMSBRY.
ANDREW H. McCLINTOCK. Trustee.
Attorney. 47.49
2
Digitized by VjjOOQIC
ORPHANS' COURT SALE.
Estate of Reuben Kisner, dec'd. In Partition.
By virtue of an order of the Orphans' Court of Luzerne
county, the undersigned will expose to public sule, at
the homestead farm, late the residence of said decedent,
In Salem township, on I'hursday, December 37, 1881,
at 10 o'clock A. M., the following five tracu of land,
situated in Salem township, viz. :
Purpart No. i. B^inning at a chestnut post, a cor-
ner in line between lots 16 and 17 of the second division
of Salem township, thence by lots 15 and 14, 73 8-10
perches to stone in line between lots 17 and 18, thence
on said line by land ol Henry Garrison 009 3-10 perches
to stone, thence 14 perches to post, thence 16 perches
to ash, thence 16 perches to hickory, thence 37 7-xo
perches to post in line between lots 17 and 16, thence
on said line 204 8-io perches by land of D. F. Seybert
to the place of beginning, containing 93 acres and 12
perches, neat measure, and being part of lot No. 17 in
second divisson of Salem township ; having thereon a
frame dwelling house and stable.
Purpart No. 2. Beginning at a comer in line between
lotsi6and i7ln the southern boundary line of said lots,
thence by lands of George Seybert 42 36-100 perches to
stone in line between lots 7 and 8, thence on said line
by lands of George Seybert 123 2-10 perches to stone,
thence 70 perches to stone in line between lou 7 and 8,
thence on said line by land of J. F. Hicks 141 4-10
perches to stone, thence by land of Henry GarrKon 39
perches to point in line between lots 17 and 18, thence
on said line by land of Henry Garrison 30 15-100
perches to stone, thence bv purpart No. i, 14 perches
*io post, thence by same 16 perches to ash, thence by
same 16 perches to hickory, thence by same 27 7-10
perches to post in line between lots 16 and 17, tnence
on said line 43 8-10 perches to the place of beginning,
conuining 75 acres and 93 perches, neat measure, and
being part of lots 7, 17, and 18 of^ second division of
Salem township ; having erected thereon a larse brick
dwelling house, frame dwelling house, bank bam,
wagon shed, and other outhouses.
Purpart No. 3. Beginning at a point in line between
lots 6 and 7 of the second division of Salem township,
thence by southern boundary line of purpart No. 2, 70
perches to stone in line between lots 7 and 8, thence on
said line 137 4-10 perches to comer, tnence by Susque-
hanna river •71 3-10 perches to comer in Une between
lots 6 and 7, thence oy land of Mansfield and J. F.
Hicks 13a 6-10 perches to the place of beginnmg, con-
taining 58 acres and 155 perches, neat measure, and
being part of lot No. 7 in the second division of Salam
township.
Purpart No. 4. Beginning at a comer at the Lacka-
wanna and Bloomsburg Railroad in the line of land of
D. F. Seybert, thence along the same 69 6-10 perches
to comer, thence along lands of George B. Seybert 73
a-10 perches to western line of purpart No. 2, thence
«long the tame 70 3-10 perches to Lackawanna and
Bloomsburg Railroad, thence along the same 73 4-10
perches to place of beginning, containing 3a acres and
«7 perches, and being part of lot No. 8 in the second
division of Salem township.
with one sufficient surety, and mortgage on the prem-
ises. In case of purparu Nos. 2, 3, «nd 4. 10 per cent
of the purchase money to be paid on day or sale, 15 per
cent on confirmation of sale, and such portion of the
balance not required to be set apart to secure the
widow's interest, with interest thereon from the day
of confirmation, to be paid in two equal annual pay-
ments from and alter the confirmation. The amount
of the two said annual payments and the amount to be
set apart to secure the widow's interest to be deter-
mined at the audit of the said decedent's esute, and
payment of the same, interest and principal, to be
secured by proper recognizances.
CORDILLA KISNER,
C N KISNER
ELLIOTT P. KISNER," Administrator.
Attomey. 49-51
ORPHANS' COURT SALE.
Esute of Elizabeth B. Ashdman, deceased. By
virtue of an order of the Orphans' Court of Luzerne
county, there will be exposed to public sale, at the
Arbitration room, in the Court House, Wilkes-Barre,
on Saturday, December aa, 1883, at 10 o'clock A. M..
the surface of all that piece of land in the borough of
West Pittston, beginning at a comer on Luzerne ave-
nue, thence along said avenue 51 feet to a comer on
line of lands of J. S. Carpenter, thence along said Unds
216 feet to a comer on line of other lands <m said J. S.
Carpenter, thence along said lands 43}^ feet to a comer
on line of lands of one Sickler. and thence along said
lands 316 feet to the place of b^'nning ; all improved,
with a two-storied frame dwelling house thereon ; ex-
cepting and reserving all coal and other minerals.
Terms op Sale— $aoo down, and balance on confir-
mation of sale and delivery of deed.
PETER ASHELMAN,
E. D. NICHOLS, Executor.
Attomey. 4B-50
ORPHANS' COURT SALE.
Esute of Samuel Wolfe, deceased. By virtue
of an order of the Orphans' Court of Luzeme county,
there will be sold at public sale, on the premises, on
Wednesday, December i^, 188^, at 10 o'dock A. M..
the following real esute in Union township, surveyed
in the name of David McCormIck, lying on west side
of a public road, beginning at a comer now or formerly
of lands of Ezra Dodson, thence along said line to a
comer in lands of Wesley Dodson, thence to said pub-
lic road, thence alon^ same to beginning, conuining •
acres, more or less ; improved.
Tbkms of SALB—One-half cash at sale, and balance
on confirmation of sale and delivery of deed.
BENJAMIN GREGORY.
S. M. RHONE, Administrator.
Attorney. 47-49
Purpart No. 5. Banning at a comer of land late
of Wallace Seybert, thence 340 perches, thence 95 x-io
perches, thence 240 perches, thence 95 i-io perches to *" Auditor, appoint
place of^ beginning, conuining 130 acres, more or Ic^s,!**!- Lucerne founty t
and being lot No. 12 in the third division of Salem <»' j^.*^**" '•'>'^oP. J
AUDITOR'S NOTICE.
In the Common Pleas of Luzerne county. In
Equity. No. 6, October term, 1876. Wm. N. Monies
et al.. Executors, v. A. D. King. The tmdersisned,
an Auditor, appointed by the Court of Common Pleas
to examine the fifth partial account
being lot No. la in the" third division of Saleni o»i^.»^8»' ''"'.'^^P' Receiver of the late firm of Howell
township 1*"^ Kins, and to ascertain what proportion of the fund
Tnus'ow SAi.»-The amount set apart to secure "''T in his hands may be safely distributed, and to
widow's interest to be charged proportionately upon ■ ™*^« ?«/"**"''<»"^^*i« ?»"«/l!?'^«*»yP^«' «*>*'<=« *t^'
porparts No.. 3. 3, and 4. the intci!»t thereof to^ *»$:''"*»««"«* S.»^«/""f ?t.^'* appointment, at his
paldio her semi-annually from and after the date of ??<^«' <\f FrankIm street, in Wilke-tiarre, on Saturday,
coofirmation during her life, and the principal thereof I ^!f«"»^«' ^.\ '883. at 10 o dock A. M., at which time
to be paid at her death to the partita legallly entitled,*"^ P^»<=« all parties interested are notified to appear
thereto. In case of purpart So i, lo per cem of pur- an**.?''^*"'.*!^' claims, or else bedebarred from com-
cha*e money to be paid on day of sale, 15 per cent on »"« '" °» «*'<» THOMAS H ATHERTON
confirmation of sale, 35 per cent in one. two, and threcj ^ * «UM A5 tl. A l MtK ION.
years from the day of confirmation, with interest from ^^^ Auditor.
confirmation; denirred payments to be secured by bond [
and morgage on the premies. In the case of purpart . /^ F. BOHAN,
No. 5. 25 per cent to be paid on dav of sale, 35 per V^« a student at law in the office of Hon. G. M.
pentonconfirmatkmofsale, and the balance, with in- Hardiiijg and lohn McGahren, Esq., will apply for
terest from confirmation, six months from da v of con- {admission at January term, 1884. to practice as an
finnation ; deferred payment to be secured by bond, attorney in the several courts of Luzeme county. 49-51
TX 59
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NOTICE IS HEREBY GIVEN THAT AN
applicatioa will be made under the Act of As-
sembly, entitled "An Act to provide for the incorpora-
tion and regulation of certain corporations," approved
April apth, 1874, and the supplements thereto, for the
incorporation of an intended corporation, to be called
*' The Parrish Coal Company," the character and ob-
jects of which are the mining, preparing, shipping,
selling, purchasing, and otherwise dealing in anthracite
coai, and also the leasing, purchasing, and holding of
real esute connected therewith.
J. A. OPP,
48-50 Solicitor.
LUZERNE COUNTY, ss
In the Court of Common Pleas of said couvtj.
No. 109, February term, 1883. Libel in divorce a m>
culo matrimonii. Margaret A. Seibert, by her next
friend, Henry Klinger, v. W. G. Seibert. To W G
Seibert — Please take notice that the court has graoted
a rule on you to show cause why a divorce a vinculo
matrimonii shall not be made and entered in fiivorof
the libellant, service of the subpoena having Ciiled oa
account of your absence. Returnable on Saturday,
December 15, 1883, at 10 o'clock A. M.
ELLIOTT P. KISNER,
48-49 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporation," approved April 29, 1874,
and the supplements thereto, on Monday, December 17,
1883, at 10 o'olock A.M., for the charter of an intended
corporation, to be called " The Freeland Citizens Hose
Company," the character and objects of which are the
extinguishing of fires, and to have for that purpose
hose, engines, ladders, trucks, etc.
JOHN D. HAYES,
48-50 Solicitor.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. IX, March term, 1883. Libel in divorce a vinculo
matrimonii. Elizabeth Kees, by her next friend. Wm.
Schaule, v. Jacob Rees. To Jacob Rees— Plea.He take
notice that the court has granted a rule on you to show
cause whv a divorce a vinculo matrimonii shall not be
made and entered in &vor of the libellant, service of
the subpoena having failed on account of your absence.
Returnable on Saturday, the aad of December, 1883,
at 10 o'clock A. M.
GARRICK M. HARDING,
JOHN McGAHREN,
49-50 Soliciton.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 460, October terra, 1833. Libel in divorce a rinciuo
matrimonii. John Leinbach v. Mary Alice Leinbach.
The alias subpoena in the above case having been re*
turned non est inventus, you, the said Mary Alice
Leinbach, are hereby notified to appear at said coon,
on Monday, January 7th, 1884, at 10 o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'M ALLEY,
GEO. H. TROUTMAN, ShcriC
Solicitor. 47-jB
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 576, October term, 1883. Libel in divorce a vinculo
matrimonii. Watkins Winston v. Elizabeth Winston.
The alias subpoena in the above case having been re-
turned " that the said Elizabeth Winston cannot be
found in Luzerne county," you, the said Elizabeth
Winston, respondent, are hereby notified to appear at
said court, on Monday, January 14, 1884, at xo o'clock
A. M., to answer the complaint therein filed.
WILLIAM O'MALLEY,
Q. A. GATES, Sheriff.
Solicitor. 48-51
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said county.
No. 4, October term, 1883. Libel in divorce a vinculo
matrimonii. Moses Miller v. Lephy Louisa Miller.,
The alias subpoena in the above case having been re-
turned " that the said Lephy Louisa Miller cannot be
found in Luzerne county,' you, the said Lephy Louisa'
Miller, respondent, are hereby notified to appear at
said court, on Monday, January 14, 1884. at 10 o'clock
A. M., to answer the complaint therein nled.
WILLIAM O'MALLEY,
49-5* Sheriff.
LUZERNE COUNTY, ss :
In the Court of Common Pleas of said cxmxj.
No. 47, October term, 188a. Libel in divorce a vioailo
matrimonii. Sarah D. Day, by her next friend, Jooak
Howell, V. R. Emory Day. The alias subpoena in Ae»
above case having been returned non est iDveatus,
you, the said R. Emory Day, are hereby notified to
appear at said court, on Monday, January 7, 18S4, ai
10 o'clock A.M., to answer the complaint tnerein filed.
WILLIAM O'MALLEY,
B. McMANUS, Sheriff.
Solicitor. 46-4}
W. S. PARSONS,
Alderman,
WiucBS-BAitn. Pa.
WILLIAM s. McLean;
Attorney at Law,
Wii,KS»-BiutHB, Pa.
CHAS. D. FOSTER,
Attorney at Law,
Wilkss-Bakkb, Pa.
PATENTS
MUNN A CO.. of tho ScrENTmc AnRiCAir. eoo-
Unne to act as SolldtorB for Pateota, CkvMta, Trids
MmrkB, CopyriitbU, for the United 8tat^!Cuada.
Bngland, Franoe, Qermany, etc. Hand Bookaboat
Patent* soiit free. Thlrty-nevenyears'expeheaci.
Patents obtained thnmeh MUNNft CO. ar« DOtieed
Inthe 8c[B^mnc American. ' *
most widely circulated
RICAN. the Urgeet, te»t.«Hl
sclenUflc paper. 919a yw.
^rarlnes and Inteiresttw Ib>
Weekly, feplendid en^rarlngs i _^
formation. Spedmen copy of the Hdeattle Ai
Icftn nont froe. Addr*»»8 MUNNiCO- Scmnuw
AMBRiCAN Office. 961 Broadway. NewyoSL%
Digitized by VjjOOQIC
The Luzerne Legal Register.
Vol. XII. Friday. December 14, 1883. No. 50.
dourt of dommon JJUos of Cujenu (Homitp.
Brown v, Peters.
z. Where a lease has the name of A. as lessee in the body of the paper, and is signed by A., and also
by B., with the word " bail '* added to his name, it is a joint undertaking by both.
a. As between themselTes, they are principal and surety; in favor of the lessor, they are both
principals.
Rule for a new trial.
The opinion of the court was delivered October 29, 1883, by
Rice, P. J. — In the body of the lease, upon which this action
was brought, only the names of James S. Brown, as lessor, and
Benjamin F. Warner, as lessee, appear, but is signed and sealed
not only by them, but also by Owen A. Peters, in front of whose
name appears the word "bail.*' We charged the jury that the
defendant could not be held as a joint lessee, nor as a surety or
guarantor, and left it to them to say whether the defendant had
collected the rent from Warner and had not paid it over, as testi-
fied to by the plaintiff.
After a more careful examination of authorities, which were
not cited to us upon the trial, we are satisfied that in thus charg-
ing as to the defendant's liability upon the written instrument we
erred. The case of Fidler v. Hershey (9 Nor. 363) seems to be
in point. That was an action to recover rent. In the body of
the lease the name of Householder alone appeared, but Spangler
and Fidler signed as securities. The action was defended by
Fidler alone, and upon writ of error taken by him the court said:
Digitized by VjjOOQIC
404 Brown v, Peters.
"Tbe evidence tended to show, and the jury found, that there
was a lease signed by Householder, Spangler, and Fidler. As
between themselves, Householder was principal, and Spangler
and Fidler his sureties, and though Hershey" (the lessor) "had
knowledge of that relation, they were jointly liable to him.*' The
case of Kleckner v, Klapp (2 W. & S. 44) is still more to the
point. It was an action to recover rent. In the body of the
lease Kleckner and Charles are named as lessor and lessee respec-
tively. It was signed by them, and also by Klapp, who added
to his signature the word "surety." The court, in holding that
he was liable, said: "This is exactly the case of Croddock v.
Armor, in which such a marginal annexation to the name of one
of the parties was not allowed to change his character of prom-
issor to that of guarantor." In the case of Klapp v, Kleckner (3
W. & S. 519) the instrument was held to be a joint and several
obligation. In the case of Croddock v. Armor (10 W. 258) the
surety annexed to his signature to the note in suit the words,
"security for the fulfilment of the above." The court said:
"They are not technically words in a. contract of guarantee, and
the juxtaposition of the signature, as well as the absence of apt
words to indicate a contingent responsibility, shows that the
parties intended to be jointly bound." See, also, upon the ques-
tion raised as to the statute of frauds, Paine v, Stackhouse, 2 Wr.
302-306. These authorities clearly show that there was error in
our instructions upon this point. We are not satisfied that there
was any mistake in our instructions as to the repairs made by
the defendant.
The rule is made absolute.
E. A. Lynch, Esq., for plaintiff.
James Bryson, Esq., for defendant.
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Butler v. Whitaker. 405
dcrart of (ffommon picas of Cujcnu €otmtB.
Commonwealth ex rel. Butler v. Whitaker et al.
Sheriff^— Action againtt — Former recovery.
I. The remedies against a sheriff by personal action and by suit on his official recognizance are
cumulative, and a recovery without satisfaction in the former is not a bar to the latter.
a. // seems that a judgment against the sheriff in a personal action is not conclusive, as to the
damages at least, against the purchaser of land bound by the lien of the recognizance in a sub-
sequent suit upon the recognizance.
Case stated.
The opinion of the court was delivered August 29, 1 881, by
Rice, P. J. — This is a scire facias issued on the recognizance
of the defendant, late sheriff of the county. More than five years
having elapsed, the writ was issued against him alone, with notice
to Theodore Smith, tetre tenant. There has previously been a
recovery and judgment against the defendant in a personal action
for the same cause of action. Two questions were raised on the
argument which require consideration.
1. Is the judgment in the personal action referred to evidence,
either conclusive or prima facie, in the present action, as against
the terre tenant, who became a purchaser of the land bound by the
lien of the recognizance? It would seem that the judgment is
not conclusive, as to the damages at least, for the terre tenant was
not a party to that action, nor did he have notice of it. Comlth.
V. Duncan, 8 Barr, 93; Carmach et al, v, Comlth., 5 Binney, 184
But, independently of the judgment, the cause of action and the
amount of damages are admitted and agreed to by the terms
of the case stated, and, therefore, we need not further discuss this
question. We refer to the question because it was raised on the
argument.
2, The second inquiry is, whether the judgment in the personal
action extinguished, or is a bar to, the right of action by scire
facias on the recognizance? There seems to be here little room
for argument, for almost precisely the same question was raised
Digitized by VjjOOQIC
4o6 Butler v, Whitaker.
aod decided in the negative in Carmach et al. v. Commonwealth
(S Binney, 183). In that case it appeared that an action of trover
had been prosecuted to judgment against the sheriff, and subse-
quently a suit was brought on the recognizance against him and
his sureties for the same cause of action. It was urged by the
defendants that the judgment in the action of trover was an
extinguishment of the recognizance, as to the sheriff at least,
and, therefore, a bar to the suit against him and the sureties.
Chief Justice Tilghman, in disposing of this contention, said it
was neither an extinguishment of the recognizance, nor a bar to
the suit. "An extinguishment it cannot be, because it was not
an action on the recognizance, and nothing but a judgment on
the recognizance could operate as an extinguishment. Neither
is it a bar, because no satisfaction has been received. A man
may have two securities or two remedies for the same debt, and
pursue both till satisfaction obtained. The common security for
money lent is by bond and mortgage; yet it was never supposed
that judgment, without satisfaction on the bond, was a bar to a
suit on the mortgage." Many analogpus cases might be cited,
but we will only refer to one, because it is not encumbered by
any question growing out of a difference in the parties to the
actions. In the case of Powell v. Wyoming Valley Mfg. Co. (8
W. N. C. 293; I Kulp, 92) it was held, that where the owner
and contractor were the same person, a recovery in a personal
action against him for materials furnished was no bar to a subse-
quent suit on the mechanic's lien. In principle, we can see no
distinction between the cases. We conclude that the remedies
against the defendant by personal action and by suit on his official
recognizance are cumulative, and that a recovery without satis-
faction in the former is not a bar to the latter.
And now, August 29, 1 881, in accordance with the stipulation
of the case stated, judgment is entered for the plaintiff against A-
Whitaker, defendant, and Theodore Smith, terre tenant^ for the
sum of $20$.g?>, with interest from May 25, 1881; amount to be
computed by prothonotary.
G. Mortimer Lewis and E. G. Butler, Esqs., for plaintiff.
Messrs. Coons and Shortz, for defendants.
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LUZERNE COUNTY, ss :
In the Court of Common Pleas of said coonty.
No. 47, October term, i88a. Libel in divorce a vinculo
matrimonii. Sarah I). Day, bv her next friend, Jonah
Howell, V. R. Emor>' Day. Tne alias subpoena in the
above case havine been returned non esc inventus,
you, the said R. Emory Day, are hereby notified to
appear at said court, on Monday, January 14, 1884, at
10 o'clock A.M., to answer the complaint therein fi^ed.
WILLIAM (VMALLEY.
B. McMANUS, Sheriff.
Solicitor. 46-1
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. II, March term, 1881. Libel in divorce a vinculo
matrimonii. Elizabeth kees. by her next friend, Wm.
Schaule, v. Jacob Rees. To Jacob Rees — Please take
notice that the court has granted a rule on you to show
cause whv a divorce a vinculo matrimonii shall not be
made and entered in favor of the libellant, service of
the subpoena having failed on account of your abi^ence.
Returnable on Saturday, the wd of December, 1883,
at 10 o'clock A. M.
GARRICK M. HARDING,
JOHN McGAHREN,
4 9-50 Solicitors.
NOTICE IS HEREBY GIVEN THAT AN
application will be made under the Act of As-
sembly, entitled "An Act to provide for the incorpora-
tion and regulation of certain corporations," approved
April zQihj 1874, and the supplements thereto, for the
incorporation of^ an intended corporation, to be called
" The Parrish Coal Company," the character and ob-
jects of which are the mining, preparing, shipping,
selling, purchasing, and otherwise dealing in anthracite
coal, and also the leasing, purchasing, and holding of
real estate connected therewith.
J. A. GPP,
48-50 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of L^izeme county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporation," approved April ^9, 1874,
and the supplements thereto, on Monday, December xj,
1883, at 10 o'olock A.M., for the charter of an intended
corporation, to be called " The Frceland Citizens Hose
Company," the character and objects of which are the
extinguishing of fires, and to have far that purpose
hose, engines, ladders, trucks, etc.
JOHN D. HAYES,
48-50 Solicitor.
ESTATE OF NATHAN HONTZ, LATE OF
Slocum township, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigncMl, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
S-TEPHEN HONTZ.
D. O. COUGH LIN, Slocum, Pa.
Attorney. 45-50
PATENTS
M*rk^, ("h
Pfinmt^ --
in the Sri
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formal Uir
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rn. rif the ScrEsmnc AMimTf a;*, n™-
■1 ji-h.tlloli-<rs fttt PiiL«iits GUTivti- Ttit4«
Ht/vritflitu, tt^t the VtiiUsd eAut^mTCmllm.
h rdrTCP, livrrawnf. t^n. Hmid B^vAl iMSq«t
'icnnimnl nirniii:h MUNN A CO. arr&octaS
K^TiFir AMFiiirAV, Lin* Iiirrttrti, ^^A,iiiid
Fplf'ndirl «ntmrtA|rs maa IntenM^iv (a-
t. ^;leclraetl Orttjj- of the itetvHdle A wvfw
frrr.. Andres* MUKK ft CO., SdSKTtnc
Digitized by VjjOOQIC
CF. BOHAN,
• a student at law in the office of Hon. G. M.
Harding and John McGahren, Esq., will apply for
admission at January term, 1884, to practice as an
attorney in the several courts of Liucme county. 49-51
ESTATE OF AMANDA E. LANING, LATE
of Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
GEORGE C. SMITH,
E. P. DARLING,
49-2 Wilkcs-Barre, Pa.
ESTATE OF SARAH GUNTON, LATE OF
Wilkes-Barre, deceased.
Letters of administration uuon the above named
estate having been granted to the undersigned, alJ per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JAMES C. DRIESBACH,
WM. S. McLEAN, Wilkes-Barre, Pa.
Attorney. 49-2
ESTATE OF JOHN KENNEDY, LATE OF
the borough of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
GEORGE H. TROUTMAN,
47-52 Hazleton, Pa.
ESTATE OF MARY ANN DUFFY, LATE OF
Pittston, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
FRANK TRACY.
WILLIAM KEATING,
JOHN T. LENAHAN, Pittston, Pa.
Attorney. 47-5*
ESTATE OF DAVID R. HOWELL, LATE OF
Franklin township, deceased.
Letlei^ testamentary upon the above named estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
LEVI HOWELL,
E. S. OSBORNE, Kingston, Pa.
Attorney. 47-52
ESTATE OF CHARLOTTE WESLEY, LATE
of Ross township, deceased.
Letters testamentary upon the above named estate
having been granted to the unaersigned, all persons
indebted to said estate are requested to make payment,
and those having claime or demands to present the
same, without delay, to
JONATHAN O. IDE,
48- 1 Lehman, Pa.
INSTATE OF LOUIS EMORY. LATE OF THE
J city of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. P. DARLING,
49:3^ Wil kes-Barre, P a.
ESTATE OF MINERVA STURDEVANT,
late of Peckville, Lackawanna county.
Letters of administration upon the above named
esute having been granted to tne undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
E. J. STURDEVANT,
49-2 Wilkes-Barre, Pa.
ESTATE OF WILLIAM LINDEN, LATE OF
Salem township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
F. E. BROCKWAY,
C. B. JACKSON, Beach Haven, Pa.
Attorney. 48-1
ESTATE OF WILLIAM McLAUGHLIN, LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, all per-
sons indebt^ to said esute are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
MARY HANEHAN,
J AS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney. 48-1
ESTATE OF JAMES R. LEWIS, LATE OfI
Kingston township, deceased.
Letters testamentary upon the above named estate 1
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
NANCY F. lewis,
T. If. B. LEWIS, Tnicksville, Pa.
Attorney. 48-x
2
ESTATE OF PATRICK McDONALD, LATE
of Union township, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
JAMES McDonald,
D. L. O'NEILL, Wilkes-Barre, Pa.
Attomey^^ 45-50
E "ST ATE OF HENRY MISSETl', LATE OF
Pittston, deceased.
Jitters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
RICHARD MISSETT,
GEO. S. FERRIS, Pittston, Pa.
Attorney. 45-50
ESTATE OF JOHN BOONE, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
ANNIE BOONE,
GEO. H. TROUTMAN, Rock Glen, Pa.
Attorney. 50-3
ESTATE OF NABBY HAGERTY, LATE OF
Wilkcs-Barre, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
PATRICK B. HARRISON,
JAS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney. 46-51
67
Digitized by
Google
ORPHANS' COURT SALE. Iwith one suflfJcient surety, and mortgage on the prem-
Esute of Reuben Kisner, dec'd. In Partition, [ises. In case of purparts Nos. a, 3, and 4, 10 per cert
By virtue of an order of the Orphans' Court of Luzerne of the purchase money to be paid on day of sale, 15 per
county, the undersigned will expose to public sale, at cent on confirmation of sale, and such portion of the
|he homestead farm, late the residence of said decedent, balance not required to be set apart to secure the
In Salem townhhip, on Thursday, December 37, 1883,1 widow's interest, with interest thereon from the day
at zo o'clock A.M., the following five tracts of^ land, of confirmation, to be paid in two equal annual pay-
lituated in Salem township, viz. : 'ments from and after the confirmation. The amount
Purpart No. i. Beginning at a chestnut post, a cor- of the two said annual payments and the amount to be
ner in line between lotsi6and i7of the second division set apart to secure the widow's interest to be deters
of Salem township, thence by lots 15 and 14, 73 8-10 mined at the audit of the said decedent's estate, and
perches to stone in line between lots 17 and 18, thence payment of the same, interest and principal, to be
on said line by land ol Henry Garrison 309 2-10 perches .secured by proper recognizances.
to stone, thence 14 perches to pott, thence 16 perches
to ash, thence 16 perches to hickory, thence 27 7-10
*- - • •• ' • ■ ', iht IK
CORDILLA KISNER,
C. N. KISNFR,
ELLIOTT P. KISNER. Administxaxor^
Attorney. 49-51
ORPHANS' COURT SALE.
Estate of Elizabeth B. Ashelman, deceased.
perches to post in line between lots 17 and 16,
on said line 204 8-10 perches by land of D. K. Scybert
to the place ot beginning, containing 93 acres and 12
perches, neat measure, and being part of lot No. 17 in ■■,, ririi-i-r»Ai-i j j»
second divisson of Salem township; having thereon a ^^ Estate of Elizabeth B. Ashelman, deceased. By
frame dwelling house and stable. virtue of an order of the Orphans' Court of Luzerne
Purpart No. 2. Beginning at a corner in line between C"""^y. ^^c^e will be exposed to public sale, at the
lots i6 and 17 in the southern boundary line of said lots, Arbitration room, in the Court House. AV ilkes-Barre.
thence by lands of George Scybert 43 36-100 perches to"" Saturday, December 22, 1883, at 10 o'clock A. M.,
Stone in line between lots 7 and 8, thence on said line l^e surface of all that piece of land in West Pittstoa.
by lands of George Seybert 123 2-10 perches to stone,
thence 70 perches to stone in line between lots 7 and 8,
thence on said line by land of J. F. Hicks 141 4-10
perches to stone, thence by land of Henry Garrison 39
perches to point in line between lots 17 and 18, thence
on said line by land of Henry Garrison 30 15-100,
Luzerne county, beginning at a comer on Luzerne ave-
nue, thence along said avenue 51 feet to a comer 00
line of lands of J. S. Carpenter, thence along said lajids
216 feet to a comer on line of other lands of said J. S.
Carpenter, thence along said lands 43^4 feet to a comer
on line of lands of one Sicklcr, and thence along said
perches to stone, thence by purpart No. V, 14 perches I 'a"^* 216 feet to the place of beginning ; all imprtncd,
to post, thence by same 16 perches to ash, thence byl^ith a two-storied frame dwelling house thereun : ex-
same 16 perches to hickory, thence by same 27 7-10
perches to post in line between lots x6 and 17, thence
on said line 43 8-io perches to the place of beginning,
containing 75 acres and 93 perches, neat measure, and
being part of lots 7. 17. and 18 ol^ second division of
Salem township; having erected thereon a larae brick
dwelling house, frame dwelling house, bank bam,
wagon shed, and other outhouses.
Purpart No. ^. Beginning at a point in line between
lots 6 and 7 of the second division of Salem township,
ccpting and reserving all coal and other minerals.
Tkkms of Sale — f2oo down, and balance on confir-
mation of sale and delivery of deed.
PETER ASHELMAN,
E. D. NICHOLS, Executor.
Attorney. 4&*5o
ORPHANS' COURT SALE.
Estate of John R. Walters, dec'd. By virttic
of an order of the Orphans' Court of Lucerne county.
thence by southern boundaVylTne of pVrparlNor2;"7c', '^*^ undersigned will sell at public^sale. on the prem-
perches to stone in line between lots 7 and 8, thence on '
said line 137 4-10 perches to corner, thence by Susquc- '
hanna river 71 3-10 perches to corner in line between ,
ises, on Saturday, the 29th day of December, iti^^, at
4 o'clock P. M., all that lot of land in the borough of
Plymouth, beginning at a comer on the west side of
lots 6 and 7, 'thence Vy land'of Mansfieid'and'j.'F: i^'^'^,^n^'i^.V nnTinl nfT^lf iftfo^^^^^
Tj' I „ / _ u .. »u I / 1- • tect to a corner on line 01 land late ot estate ot >amucl
t^inhfa S r ^ '^'T ' "" ^'^^ beginning, con- Wadhams, deceased, thence along said Wadhams' line
taming 58 acres and 155 perches, neat measure, and «« 1 »
being part of lot No. 7 in tne second division of Sabm
township.
Purpart No. 4. Beginning at a comer at the Lficlia^
wanna and Bloomsburg Railroad in the line of la-
D. F. Seybert, thence along the same 69 6-10 pc
to corner, thence along lands of George B. Seyb^
a-io perches to western line of purpart No. 2, tl
along the same 70 2-10 perches to I^ackawann.
Bloomsburg Railroad, thence along the same y-
perches to place of beginning, containing 32 acre
97 perches, and being part of lot No. 8 in the S(
division of Salem township.
: along s
50 feet to a corner, thence along line of land retained
by the widow of said decedent 126 feet to a comer,
thence »! tng Gardner street 50 feet to the place of be-
*,""*! ginning, ■ ontainine 6300 fiei of land, more or less ; the
', fzcal is ^'wned by Henderson Gaylord's estate; all im-
^.^'^^ proved, viith a two-storied frame dwelling house and
[ ^^ otitbuUd II igs thereon.
'" ^ I Tkhms of Sale— $too down. 50 per cent of balance
on conlirrnation of sale and delivery of deed, and the
baUtiice. with interest from confirmation, in six months
.mdl
I frficn i^uiiirmaiion of sale; deferred payments to be
*-:^.ur> 'i \>y bond and mortgage on the premises.
DANIEL B. LEWIS,
trio W. SHONK. Administrator.
Attorney. So-sa
KJOi;CE IS HEREBY GIVEN THAT AN
Purpart No. 5, Beginning at a corner of lam:
of Wallace Seybert, tnence 240 perches, thence 9
perches, thence 240 perches, thence 95 1-10 pcrcl
place of beginning, containing 130 acres, mure 01 i
and being lot No. 12 in the third division of S >
township. ^,ii,[ ^ , .. __„ ^^
Terms of Sale— The amount set apart to sc^^urt, ^^^ t:m*^rrorQjartcr' S(Ks'ions of LuWme"
widow's interest to be charged proportioimtelv upon M. H Mantanyc, and that said license will be asked
purparts Nos. 2, 3, and 4, the interest thereof lu tic f^ir in tin: court aforesaid, on Monday, January aSth,
L. W. DEWITT.
Solicitor.
paid to her semi-annually from and after the da it: ol
coDfirmation durine her life, and the principal th ri nf
to be paid at her death to the parties legally em ikd
thereto. In case of purpart No. i, xo per cent ol \'ht-
chase money to be paid on day of sale. 15 per c( 1 011
confirmation of sale, 35 per cent in one, two, and hruu
years from the day of confirmation, with interest ' ' r
confirmation ; deferred payments to be secured by
and morgage on the premises. In the case of pu.
plication for a license to peddle with a horse
^ n has been filed in the office of the Qerk of
%iS4f at I'} o'clock A. M.
N
OTICE IS HEREBY GIVEN THAT AN
atjplication for a license to peddle on foot has
the office of the Clerk of the Court of
sessions of Luzerne county by A. Simons.
^^^ ^ ^ ^ ^,. said license will be asked for in the court
No. 5, 25 per cent to be paid on day of sale.'ss 'per | aforesaid, on Mond.iy, the a8th day of January, x834,
pent on confirmation of sale, and the balance, with in-^at 10 o'clock A. M.
terest from confirmation, six months from day of con- G. L. UALSEY.
firmation; deferred payment to be secured by bond, 1 50-51 Solicitor.
*58 2
Digitized by VjOOQ IC
SHERIFF'S SALES. | street 258 feet, more or less, to a comer in the line of
Abstract of property to be sold by Wm. O'Mallev, land belonging to the Home for Friendless Children,
Sheriff of Luzerne countv, on Saturaay, Januar>' 5tn,| thence Iw said land 50 feet to a comer, thence along
A. D. 1884, at 10 o'clock A. M.. at the Arbitration 1 land of Charlotte Butler at right angles to said River
room, in the Court House, Wilkes- Barre, who will street 248 feet, more or less, to said River street, and
proceed with the different properties in the order in
which they are number, to wit :
I
Suit of Morris & Walsh v. Samuel Price, Adminis-
trator of William Collins, deceased.
73 April term, 1879. Debt, $204.13. Vend. ex. 40
January term, 1884 E. G. Butler, Att'y.
All that tract of land in the township of PIttston, be-
ginning at a corner of land now or late in possession
ot N. Lampman in warrantee line between Jonathan
Hancock and David Young warrantees, thence south
tao rods to the Janathan Large warrantee line, thence
along the said Jonathan Large line west 54 rods to a
corner, thence north 220 rods to a comer, and thence
east 54 rods lo the place of beginning, containing about
7S acres, being parts uf the J esse FclTand David Young
warrantees; all improved, and having erected thereon
a 2-story frame dwelling house, frame barn, and other
outbuildings ; also a fruit orchard.
a
Suit of Morris & Walsh v. h\. W. Morris, Executor
of Sally Ann Collins, deceased.
25 November term, 1882. Debt, $146.59. Fi. fa.
39 January term, 1884. E. G. Uutier, Att'y.
All the following lot of land in the township of Pitts
ton, bc^innin^ at the southeasterly comer of lands in
possession of fruxton Benedict in line of the Jonathan
Large warrant, thence along said Large warrant line
east 347 perches to a line of Wm. Parker's lot, thence
along tne same north 225 perches to a comer of land
now or late of Norman Lampman, thence along his line
and line of land sold to R. D. Lacoe west 411 perches
to the Pittston certified township line, thence along the
same 127 perches to a corner ot said Benedict's posses-
sion, thence along the line of the same 121 perches to a
corner, thence along another line of said Benedict's
possession south 119 perches to the place of beginning,
containing 527 acres and 122 perches, be the same more
or less, b«in}{ part of Jesse Fell, Jonathan Hancock,
and David Voun^ warrantee; all improved, with three
two-story dwelling houses, two barns, other outbuild-
ings, and a fruit orchard thereon.
3
Suit of Caroline M. Peitebone v. Ellen M. Reese,
defendant, and MaryC. Pringleand Nelson G. Pringlc
terre tenants
1C9 October term, 1883. Debt, $707.65. Lev. fa.
51 January term, 1884. Dickson & Atnerton, Att'ys
All ihe following tract of land in the borough of
Kingston, bcgiiinine at a corner on the main road
leading through saicTborough , thence by lands of Thos.
Wambold 36 feet, thence 162 feet to a comer, thence
by lands formerly owned by Thomas Myers 60 feet,
thence by lands owned by Dr. R. H. Tubbs i^s 7-10
feet to a post on said main road, thence along said road
68 feet to the place of beginning, containing 48 perches
of land, more or less; all improved, with two 2-story
frame dwellings, frame bam, fruit trees, and well.
Suit of the Executors of A. C. Laning, deceased, v.
Sylvester V. Ritter.
164 January term, 1884. Debt, real, $5,000. Fi. fa.
44 January term, 1884. Darlings, Wheaton, Att'ys.
All that piece of land in the city of Wilkes-Kirre.
beginning at the south corner of Hancock and North-
ampton strcets.thcnce along Northampton street 80 feet,
thence 2<xj Icct, thence 80 feet, thence 200 feet to the
place of beginning, containing 16,000 square feet; all
improved, with one two-story and French roof brick
dwelling house, one frame house, bam, and other out-
buildings thereon, together with fruit trees thereon.
5
Suit of Ella H. Emery v. Byron Shoemaker.
548 January term, 1879. Debt, $3,150. Lev. fa.
38 January term, 1884. Darling, Wheaton, Att'ys.
All that tract of land in the city of Wilkes-Barre, on
River street, below Ross street, occinning at a comer
of land of Elizabeth D. Dennis on River street, thence
along the line of said land at right angles to said River
thence silong said street 50 feet to the place of begin-
ning, containing about 12,400 square feet of land, more
or less ; all improved, with a two-story frame dwelling
house, with one-story building attached to rear, fmit
trees, and other outbuildings thereon.
Suit of Henry H. Welles, Assignee, v. John Davis.
130 October term, 1883. Debt, real, $4,914. Alias
vena. ex. 36 January term, 1884
Fisher, Wheaton, Att'ys.
All that lot of land in the city of Wilkes-Barre, be-
ginning at the southerly comer of Main and Ash
streets, thence southwesteriy along Main street about
80 feet to land of Dennis McQuillan, thence along the
same southeasterly about 186 feet to a comer, thence
northeasterly about 75 feet to said Ash street, thence
northwesterly along same about 186 feet to the begin-
ning, together with a three-story brick house with store
room, a frame bam, and other outbuildings.
The above described property will be sold in four
parcels, as follows :
z. A parcel frronttng upon Main street, being the
comer of Main and Ash streets, and the lot upon which
is the brick building above described, being 32 feet in
front and rear, and 141 leet in depth.
2. A parcel adjoining said parcel one, and also front-
ing upon Main street, being 24 feet in front and rear,
and 141 feet in depth.
3. A parcel adjoining said parcel two on the one side
and lands now of F. J. Helfnch on the other side, also
fronting upon Main street, being 24 feet in front and
rear, and 141 feet in depth.
4. A parcel fronting upon Ash street, upon which is
the bam above described, said parcel being 45 feet in
front and rear, and 80 feet in depth.
Suit of A. Nesbitt v. Jefierson Amold.
302 September term, x88o. Debt, $5,000. Fi. fa.
47 January term, 1884. Gates, Att'y.
1. All that lot of land in Union township, beginning
at a stone comer, thence along land of Ephraim Gre-
gory 60 perches to a suke and stone comer, thence 136
perches to a suke and stone comer, thence by land
fate of Caleb Benscoter 60 perches to a comer, tnence
136 perches to the place of beginning, containing 51
acres, more or less ; all improved, with one two-story
frame house, barn, shed, outbuildings, fruit trees, etc.
2. All that lot of land in Union township, beginning
at a corner in line of land of Stephen Hartman, thence
30 perches to a comer, thence 34 perches to a corner,
tfience 156 perches to land of Peter Hoppes, thence 47
perches to comer in line of Jefferson Amold's land,
thence 53 4-10 perches to comer in line of land of Sol-
omon Beer, thence 133 perches to place of begmning,
containing 61 acres and lao perches, more or less ; ex-
cepting thereout about 44 acres sold to Jacob Hoppes ;
all improved.
3. All that lot of land in Union township, beginning
at a corner in line of Ephraim Gregory's land, thence
5 9-10 perches, thence 27 perches to a comer, thence
5 9-ro perches, thence 27 perches to the place of begin-
ning, containing i acre of^tmproved land, more or less.
Ihe three above described tracts adjoining each
other, and making one farm.
8
Suit of Jefferson Amold, a.«sicned to A. Nesbitt. v.
J. M. Holmes.
706 October term, 1882. Debt, $55.40. Vend. ex.
27 January term, 1884. Gates, Att'y.
1. All that lot of land in the township of Ross, be-
ginning at a corner in line of the warrantee surveys of
John Murray and Joseph Moss, thence 8x perches to
a corner, thence 79 perches along lands of Jacob Battles
to a corner, thence along the William Connolly survey
81 perches to the Jos. Moss survey, thence 79 perches
to the place of beginning, containing 39 acres and 159
perches of land, more or less ; improved, with a two-
story frame house, orchard, outbuildings, etc., thereon,
2. A lot of l.ind in the township of Fairmount.
69
Digitized by
Google
bounded on the north by lands of A. Nicholson, on the
east by the public road leading from Harvevville to
North Mountain, on the south by lands of the heirs of
Jas. Laycock, and on the west by lands late of Shad*
rach Laycock, containing about 57 perches of land,
more or less ; improved, with a two-story fraue dwell-
ing house with kitchen attached, fruit trees, and out-
buildings thereon.
Suit of Myers Elston v. J. Matthias Hollenback.
124 May term, 1883. Debt, ^264.25. Vend. ex. 33
January term, 1884. Kulp, Att'y.
All that lot of land in the township of Plains and the
city of Wilkes-Barre. Luzerne county, Pa., bounded
northerly by lands of J. W. Hollenback, easterly by
estate of I. B. Wood and others, southerly by lands of
E. H. Cnase and others, westerly by J. W. Hollen-
back. containing 35 acres, more or less, being same
land lately covered with water, and known as the Hol-
lenback mill dam, or Mill creek.
TO
Suit of Sturdevant & GofT, assigned to Edward W.
Sturdevani in trust for Leah Sturdevant, v. William G.
Stout.
7 November term, 1883. Debt, real, $1,820. Vend,
ex. 35 January term, 1884. Powell, Att'y.
All that lot of ground in the city of Wilkes-Barre, on
the west side of Hazle street, beginning at a stake in
the west side of said Hazle street, disunt about 179
feel southward from the south rail of the present main
track of the Lehigh Valley Railroad, thence along said
Hazle street 50 feet to a comer of the lot dcided to
Michael J. Philbin, thence xoo feet to a i7-foot alley,
thence along said alley 50 feet to a corner, and thence
soo feet to the place of beginning : all improved, with
one two-story frame building, used as a shop, outbuild-
ings, and other improvements thereon.
XX
Suit of L. D. Shoemaker v. Edmund Russell, John
Russell, and Thomas Russell.
12 November term, 1883. Debt, f 1,093. 13. Lev. fa.
9 January term, 1884. Snoemaker, Att'y.
A piece of land in the borough of Plymouth, begin-
ning at a corner on Main street, thence along land sold
to Samuel Snyder 147 3-ij feet to a corner, thence 35
feet to a comer, thence along land sold to \Vm. Davis
147 3-10 feet to a corner, thence along said Main street
35 feet to the bc^nning, containing 15,155 square feet
of surface or soil, be the same more or less; all im-
proved, with one large two-story frame buildmg, used
and occupied as a saloon and dwelling, and other out-
buildings thereon. 50-52
ESTATE OF MARTIN T. MITCHELL. LATE
of Pittston, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all pei-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to I
LEWIS COHEN,
S. J. STRAUSS. Pittston. Pa. j
Attorney. 50-3
ESTATE OF WILSON W. WEBB, LATE OF
Wilkcs-Barrc, deceased.
Letters of admini;>tration upon the above named
estate having been granted to the undersigned, all pcr-l
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre- 1
ESTATE OF DAVID R. HOWELL. LATE OF
Franklin township, deceased.
Letters testamentary upon the above named estate
having been granted to the undersigned, all pcn»ons
indebted to said estate are requested to make payment,
and those having claims or demands to present the
same, without delay, to
LEVI HOWELL,
E. S. OSBORNE. Kiogstoo. Pa.
Attorney. 47<S>
ESTATE OF AMANDA E. LANING, LATE
of Wijkes-Barrc. deceased.
Letters testamentar)- upon the above named estate
having been g^ranted to the undersigned, all perKias
indebted to said estate are requested to make payaent,
and those having claims or demands to present the
same, without delay, to
GEORGE C. SMITH,
E. P. DARLING,
49-2 Wilkes-Barre, Pau
ESTATE OF SARAH GUNTON, LATE OF
Wilkes-Barre, deceased.
Letters of administration upon the above named
estate having been granted to tne undersigned, ali per-
sons indebted to said estate are requested to niake
payment, and those having claims or demands to pre>
sent the same, without delay, to
JAMES C. DRIESBACH.
WM. S. McLEAN. Wilkes-Barre. Pa.
Attorney. 49^
ESTATE OF JOHN KENNEDY, LATE OF
the borough of Hazleton, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all pcr>
sons indebted to said estate are requested to aiake
payment, and those having claims or demands to pre>
sent the same, without delay, to
GEORGE H. TROUTMAN,
47-52 Hazleton, Pa.
sent the same, without delay
ELIZABETH WEBB,
S. J. STRAUSS, Wilkes-Barre, Pa.
Attorney. 50-3
ESTATE OF ISABELLA MITCHELL, LATE
of Plains township, deceased.
Letters of adniinistraiioii uiion the above named
estate having been granted to the undersigned, all per-
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
R. C. MITCHELL.
E. P. & J. V. DARLING, Plainsville, Pa.
Attorneys 50-3
72
ESTATE OF CHARLOTTE WESLEY, LATE
of Ross township, deceased.
Letters testamentary upon the above named estate
having been granted to the unoersigned. all persons
indebted to said estate are requested to make payment,
and those having claims or demands to present cbe
.«ame, without delay, to
JONATHAN O. IDE,
48-1 Lehman, Pa.
ESTATE OF LOUIS EMORY, LATE OF THE
city of Wilkcs-Barrc, deceased.
Letters of administration upon the above named
estate having been granted to the undersigned, all per*
sons indebted to said estate are requested to make
payment, and those having 'claims or demands to pre-
sent the same, without delay, to
E. P. DARLING,
4^2 Wilkes-Barre, Pa.
ESTATE OF MINERVA STURDEVANT,
late of Peckville, l^ckawanna county.
Letters of administration upon the above named
esute having been granted to tne undersigned, all per>
sons indebted to said e^ate are requested te make
payment, and those having cbims or demands to pre-
sent the same, wkkout delay, to
E. J. STURDEVANT.
49-2 Wilkes-Barre, Pa.
ESTATE OF JAMF^ R. LEWIS. LATE OV
Kingston township, df ceased.
I>ctiers testamentary upon the above naooed estate
having been granted to the undersigned, all persons
indebted to said estate are requested to make payment,
and those having claims pr demands to present the
same, without deuy, to
NANCY F. LEWIS,
T. H. B. LEWIS. Tnicksville. Pa.
Attorney. 4S-1
2
Digitized by VjjOOQIC
rj* STATE OF JOHN MITCHELL, LATE OF
l1» Plains township, deceased.
Letters testamentary upon the above named estate
aving been granted to the undersigned, all persons
idebted to said estate are requested to make payment,
ad those having claims or demands to present the
une, without delay, to
JOHN L. MITCHELL.
W. W. AMSBRY,
E. P. DARLING. Plains, Pa.
Attorney. 50-3
:>STATE OF MARY ANN DUFFY, LATE OF
>^ Pittston, deceased.
fitter* of administration upon the above named
itnte having been granted to the undersigned, all per-
Dn5 indebted to said estate are requested to make
ayment, and those having claims or demands to pre-
cnt the same, without delay, to
FRANK 1«ACY.
WILLIAM KEATING,
JOHN T. LENAHAN, f Pittston, Pa.
Attorney. 47-5a
ESTATE OF WILLIAM LINDEN, LATE OF
Salem township, deceased
Letters of administration up. p the above named
Slate having been granted to tne undersigned, all per-
ons indebted to said estate are requested to make
ayment, and those having claims or demands to pre-
cnt the same, without delay, to
F. E. BROCKWAY,
C. B. JACKSON, Beach Haven. Pa
Attorney. 48-1
ESTATE OF WILLIAM McLAUGHLIN,LATE
of Wilkes-Barre, deceased.
Letters of administration upon the above named
state having been granted to the undersigned, all pcr-
ons indebted to said estate arc requested to make
layment, and those having claims or demands to prc-
ent the same, without delay, to
MARY HANEHAN,
J AS. L. LENAHAN, Wilkes-Barre, Pa.
Attorney. 48-1
ESTATE OF lOHN BOONE, LATE OF THE
township of Black Creek, deceased.
Letters of administration upon the above iwmedl
state having been granted to the undersigned, all per-
ons indebted to said estate arc requested to make
layment, and those ha^'ing claims or demands to pre-
cnt the same, without delay, to
ANNIE BOONE,
GEO. H. TROUTMAN, Rock Glen, Pa.
Attorney. 50-3
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 460, October term, 1883. Libel in divorce a vinculo
matrimonii. John Lcinbach v. Mary Alice Leinbach.
The alias subpoena in the above case having been re«
turned non est inventus, you, the said Mary Alice
Leinbach, are hereby notified to appear at saia court,
on Monday, January 14, 1884, at xo o'clock A. M., to
answer the complaint therein filed.
WILLIAM O'MALLEY,
GEO. H. TROUTMAN, Sheriff.
Solicitor. 47-1
LUZERNE COUNTY, ss :
In the Court of Commoiy Pleas of said county.
No. 47, October term, 1882. Libel in divorce a vinculo
matrimonii. Sarah D. Day, by her next finend, Jonah
Howell, V. R. Emory Day. The alias subpoena in the
above case having been returned non est inventus,
you, the said R. Emory Day, are hereby notified to
appear at said court, on Monday, January 14, 1884, at
10 o'clock A.M., to atlswer the complaint therein filed.
WILLIAM O'MALLEY,
B. McMANUS, Sheriff.
Solicitor. 46-1
EST^E OF JOSEPH B. KELLEY, LATE OF
fMymouth township, deceased.
Letters of administration upon the above named
state having teen granted to the undersigned, all per-
ons indebted to said estate are requested to makci
layment, and those having claims or demands to pre-
ent the same, without delay, to
ELBERT C. DOUGLAS,
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 4, October term, 1881. Libel in divorce a vinculo
matrimonii. Moses Miller v. Lephy Louisa Milljer.
The alias subpoena in the above case having been re-
turned " that the said Lephy Louisa Miller cannot be
found in Luzerne county, you, the said Lephy Louisa
Miller, respondent, are hereby notified to appear at
^aid court, on Monday, January 14, 1884. at 10 o'clock
A. M., to answer the complaint therein nled.
WILLIAM O'MALLEY,
49-5^ Sheriff.
LUZERNE COUNTY, ss:
In the Court of Common Pleas of said county.
No. 252, May term, 1882. Libel in divorce a vinculo
matrimonii. Emma Harvey, by her next friend, Ed-
ward Enterline, V. C. S. Harvey. To C. S. Harvey —
Please take notice that the court has granted a rule oa
you to show cause why a divorce a vinculo mat/imonii
shall not be made and entered in favor of the Ubellant,
service of the sub^ena having failed on account of your
absence. Returnable on Monday, January 7th, 1884,
at 10 o'clock A. M.
ALEXANDER FARNHAM,
51-52 Solicitor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
".An Act to provide for the incorporation and regula-
tion of certain corporation," approved April 29, 1874,
and the supplements thereto, on Monday, January 14.
1884, at 10 o'olock A.M., for the charter of an intended
corporation, to be called •' The Pleasant Hill Academy
Association," the character and objects of which are
to establish and support an institution for educational
purposes, and to purchase the necessary real estate and
erect a suitable building or buildings thereon.
GEO. W. SHONK,
51-1 Solicitor,
GEO. W. SHONK,
Attorney.
Lovelton, Pa.
5t-4
ESTATE OF ANN HARTLAND, LATE OF
Wilkes-Barre, deceased.
Letters testamentary upon the above named estate
laving been granted to the undersigned, all persons
ndebted to said estate are requested to make payment,'
ind those having claims or demands to present the
ame, without delay, to
OBIDIAH HARTLAND,
ii-4 Wilkes-Barre, Pa. I
NOTICE IS HEREBY GIVEN THAT AN
application will be made to one of the Judges
of the Court of Common Pleas of Luzerne county,
under the provisions of the Act of Assembly, entitled
"An Act to provide for the incorporation and regula-
tion of certain corporations," approved Apnl 29, 1874,
and the supplements thereto, on Wcdncsaay, January
1 6th, 18S4, at 10 o'clock A. M., for the charter of an
intended corporation, to be called " The Leek Comet
Band," of Pitteton, Pa., the character and objects of
which are the practice and promotion of instrumental
51-X
F. C. MOSIER,
Solicitor.
79
Digitized by VjjOOQIC
SHERIFF'S SALES.
Abstract of property to be sold by Wm. O'Malley,
Sheriflf of Luzerne county, on Saturday, January lath,
A. D. 1884. at 10 o'clock A. M.. at the Arbitration
room, in tne Court House, Wilkes-Barre, who will
proceed with the different properties in the order in
which they are numbered, to wit :
X
Suit of Isaac Ricev. JuIiaCantwelI,as Mrs. Thomas
Cantwell, now Julia Donnelly, and Peter Donnelly.
215 January term, 1884. Debt, $400.00. Fi. fa. 56
January term, 1884. Payne, Att'y.
The following lot of land on Pringle Hill, Kingston
township, beginning at a comer on South street, thence
in a southerly direction along the line of lands owned
by Philip Hynes to land owned by the heirs of Samuel
Hovt, deceased, thence in a westerly direction along
said Hoyi's land 75 feet to a comer, thence in a line
parallel with the line of said Philip Hynes in a north-
erly direction to said South street, thence in an east-
erly direction in a line along said South street 75 feet
to beginning ; excepting and reserving all the coal and
other minerals; all improved, with one two-story wood
dwelling house and outbuildings thereon.
Suit of Michael Bradley v. Thomas L. Morgan and
John J. Morgan, as Morgan & Son. 396
go October term, 1883. Debt, $3,0^.66. Vend. ex.
76 November term, 1883. Kyman, Att'y. aoo
All the surface of the following lots of land in Ply- 14
mouth township, viz. :
z. Bounded on the west bv Plymouth street, on the
north by land of David Pritchard, on the east by an
alley, and on the south by a street between this lot and
land of Thomas McGowan, being 60 feet in front and
48 feet deep ; all improved, with three dwelling houses,
fruit trees, and outhouses thereon.
a. Bounded on the east by Hunlock street, on the
south by land now or formerly of John T. Davis, on
the west by an alley, and on the south by land formerly
of Lewis Samuels, being 60 feet in front and 140 feet
in depth; all improved, with two dwelling houses
thereon. 51-1
237 Middleton, Edwards. 40a Thomas, Wtllia
300 Whitehall, Joseph, aoo Whitford, Wil«c
185 5-7Whitford, Jacob Geo.400 Whitford, Geo «Ti
FKLL TOWKSHIP.
60 •Lee, Peter.
FOSTER TOWKSHIP.
175 Schrader, Michael.
HANOVER TOWNSHIP.
39 Lot No. zz, 3d Div. zt6 Lot No. Z5, jd X
HAZLB TOWNSHIP.
4353^ Kunkle, Mary.
HOLLBNBACK TOWNSHIP.
100 Beach, Nathan. 337 Hays, John.
JEFFERSON TOWNSHIP.
300 ♦Carey, Miner, Elsi., aao •Chapman, Jam«a
P. B. Carey, own. 85 ♦Conrad, Matthor
63 ♦Conrad, Mary. 400 ♦Hoyt, Samuel.
165 *Irwin, Robert. 490 ♦Stephens, A. P.
60 ♦Singer, Elizabeth.
JENKINS TOWNSHIP.
434 Nagle, Peter. 75 Lot 26, Cert. Pitta
LACKAWANNA TOWNSHIP.
105 ♦Levi, Daniel.
LAKE TOWNSHIP.
474 Bailey, Amos. 400 Bower, Jacob.
LEHMAN TOWNSHIP.
Not 35, Cer. Bedford. 95 Lot 37, Ccr.BedlrJi
MADISON TOWNSHIP.
♦Bronson, Rebecca. 100 ♦Drinker, Lydia.
♦Paxton, Timothy.
NEWTON TOWNSHIP.
40 ♦Gardner, Abel. 419 ♦King, John or Jaza
PITTSTON TOWNSHIP.
355^ Gray, Robert. 68 Young, David.
PLYMOITTH TOWNSHIP.
49 Lot No. 4a, 3d Tier, 4th Division.
RANSOM TOWNSHIP.
36 ♦Turner, Daniel.
ROARING BROOK TOWNSHIP.
00 ♦Hill. Henry.
ROSS TOWNSHIP.
COMMISSIONERS' SALE OF UNSEATED
LAND.
BEAR CREEK TOWNSHIP.
400
40
415
400
449
400
400
418
400
40Z
Benson, Peter.
Capp, John.
Downing, Reuben.
Jackson, Silas.
Stembacn, Mary.
Tuttle, Stephen.
138
400
*Z
zoo
n, Joseph.
n.Josxph.
Brown, J
Brown, J
Dyer, Jesse.*
Gardner, Richard.
Reed, John.
Terwllfiger, C. L.
Thomas, Jonathan.
BUCK TOWNSHIP.
441
400
aoo
241
aoo
400
Brown, John.
Day. Bemamin.
Doyle, William.
Lynch, Edward.
Thomas, Daniel.
Twaddle, John.
Brown, Jonathan.
Dunwoody, John.
Fish, John.
Gracflfce, John.
Reese. John.
Terwilhger, C. L.
WrightorWig;ton,J,
BLACK CRBBK TOWNSHIP.
Blair, Samuel. 434 Davis, James.
Irwin, John. aoo Neidlinger, John.
Seward, William.
BLAKBLY TOWNSHIP.
iii>4*Bell, Hannah. 380 ♦Weaver, Constance
CARBONDALB TOWNSHIP.
♦Rider, Samuel.
COVINGTON TOWNSHIP.
♦Richards, Mary.
DENISON TOWNSHIP.
Morris, William.
DORRANCB TOWNSHIP.
Bower, Feather. 49 Catlin, Putnam.
PAIRHOUNT TOWNSHIP.
ASiick, Thomas. 34
Barnes, Thomas. 400
363
400
«3
400
"5
368
84
435
409
390
ISO
106
50
400
Z03
305
444
434
313
376
435
308
400
100
400
429
400
Beach, Nathan.
Bump, Aaron.
Bump, Nathan.
Doway, Joseph.
-- - ghli ' •
J50
166
401
93
303
zio
50
Bowman, Joseph.
Bump, Isaac.
Bump, William.
Hazlehurst, George
Miller, John.
Paschalls, Thomas.
Samson, William.
McLaughlin, John.
Morris, William.
Roberts, Owen.
Sheaf, Henry.
SPRING BROOK TOWNSHIP.
♦Benedict, Benijah. aoo ♦Bennett, Ishmael.
♦Bennett, Charles. Z04 ♦Bennett, AikItcw.
♦Baldy, Paul. 434 ♦Baab, Matthias.
♦Brownson/Timolhy. 35j$^Christ, John.
♦Dundass, Thomas. 444 ♦Hall, Qiarles.
♦Heacock, Benjamin, aoo ♦Hcacock, Daniel.
♦Hill or Thiel, Henry. 50 ♦Mcehan, John O
♦Millet, Andrew. 306 ♦Millet, fohn.
♦Richards, David. 300 ♦Richards^ Sarah.
♦Scott, Abraham. zoo ♦Scott, Elias.
♦Starr, Thomas. 350 ♦Starr, Nathan.
♦Widner, Jacob. 434 ♦Young, John.
♦Young, ^mucl.
SUGARLOAF TOWNSHIP.
Allen, John.
UNION TOWNSHIP.
McNeal, James.
WRIGHT TOWNSHIP.
Cryder, John. 100 Diller, Adam.
Hazlehurst, Samuel.
3Z0
438
aoo
400
134
"3
z6o
Bump, Isaac.
Compton, Adam J.
Delap, Heniy.
Goodheart, Jas. F.
Goodheart, Abner.
Kerr, George A.
80
439
438
300
Z70
Z90
300
Armat, Thomas. j
Beach, Susannah.
Cope, Thomas P.
Crevlins, Isaiah.
Gibbs, Benjamin.
Goodheart, Elisha.
{ackson, Jeremiah,
.ukins, John or Jesse
♦Now in Lackawanna county.
We, the undersigned. Commissioners of the counn
of Luzerne, do hereby give public notice that we wiJ
sell the above mentioned tracts and parts of tracts ci
unseated lands at public sale, at the Arbitration room
In the Court House, in the city of Wilkes-Barre, o«
Monday, February 4th, 1884, at 10 o'clock A. M., th*
lime of^ redemption having expired.
HENRY VAN SCOY,
CASPER OBERDORFER,
THOS. W. HAINES,
H. W. SEARCH, Commissioners.
Clerk. 5 1 J
2
Digitized by VjiOOQlC
• HERIKF'S SALES.
|aUo 92, 127, 10 feet of east side of 136, 137,
i^alkr
Abstract of property to be sold by Wm. O'Mallcy,' 155. 156, 150, 161, on Barney street, and 210 on
Sheriff of Luzerne countv,on Saturday. January 19th, 'street, all of which have heretofore been sold.
A. D. 1884, at 10 o'clock A. M.. at the Arbitration a
room, in the Court House, Wilkcs-Barre, who will Suit of Robert V. Thomas, to use of Catharine
proceed with the different properties in the order in {Evans, Administratrix, etc., v. David E. Morris.
which they are number, to wit :
Suit of G R. Bedford, Trustee, v. Calvin Wadhams.
283 November term, 1883. Debt, 124,079.16. Lev.
fa. 60 January term, 1884. Bedford, Att'y.
X. Being two eaual undivided third parts of the sur-
face of all the following piece of lana not heretofore
sold bv Calvin Wadhams ct al., in the city of Wilkes-
Barre.oeginning at a corner on the main road, formerly
in the township of Wilkes-Barre, now Main street, in
said city of Wilkes-Barre, thence by land of the estate
of Alexander McLean, deceased, 214 6- 10 perches to a
comer, thence 33 3-10 perches to a corner in line of
Hanover township, thence along said township line
214 6-10 perches to a stunes corner on the main road,
and thence by the same 37 3-10 perches to the place
of beginning, containing aoout 43 acres of land, more
or less, bcin^ part of lot No. 31 in the third division of
lots in certified Wilkes-Barre township, and known as
the Lockhart property
3. 1 he two-thirds part undivided of the surface of al!
that piece of land in the township of Plymouth, begin-
ning at a corner in line of tract of land in bed of the
Susquehanna river. surveyed Co George Boldtn, thence
by land of Samuel Hoyt and Abram Nesbitt ^course
1^8) 197 4-100 perches to the line of tract in the bed
of the river surveyed to Edward Hopper, thence by
same 37 i-io perches, thei.ce 44 38-100 perches to the
line of the Geo. Bolden tract, thence by same 48 82-100
perches, thence 34 66-100 perches, thence 29 34-iof>
perches to the begipning. containing 33 acres and 83
perches of land, being lot No. 41, river tier of meadow
lots, certified township of Plymouth, which is part
island, known as Richards' island.
3. The surface of a lot in the town.ship of Wilkes-
Barre, bounded on the northeast by Blaclcman street,
and on the other three sides by land of the Franklin
Coal Company, being about Sj}^ feet in front on said
street, and about 145 feet deep.
4. AH the right, title, and interest of the said Calvin
Wadhams in the following lots remaining unsold on
the Mayer & Wadhams plot of lots, known as Davis
property, all of which is in said city of Wilkes-Barre,
each one being (lots Nos. 3, 4, 5, and 6 situate on Hazle
avenue) 50 feet in front on said street, and 150 feet deep.
Lot No. 20, on the Auble road, in said city, and being
v> feet in front on said street, and 150 feet deep. Lots
Nos. 30 and 31, on said Auble road, in said city, each
one being 43J<^ feet in front on said street, and 150 feet
deep.
5. All that tract of land in the city of Wilkes-Barre,
beginning at a corner in the center of the Pennsylvania
canal in line between the certified townships of Wilkes-
Barre and Hanover, thence along said township line
in the center of a road 127 20-100 perches to a corner
of land of George Shannon, thence by same 32 perches,
thence 8^ perches to a corner in line of land certified
to Jesse Fell, thence 32 74-100 perches to a corner in
line of land of J. W. Horton and Sarah S. Bennett,
thence along said land 15-100 perches to the center of
Franklin street, thence 30 9-10 perches to the center of
Horton street, thence aiong the center of said street 40
perches to the Pennsylvania canal, thence along the
center of said canal 16 37-100 perches, thence 12 37-100
perches, thence 19 88-ioo perches, thence 26 6-100
perches, thence 18 3-10 perches, thence 18 8-100 perches, j ,
thence 9 32-100 perches, thence 10 i^too percne.*, and
thence 12 6-10 perches to the place of beginning, con-
taining 55 acres, more or less, and being part of lots
Nos. II, 14, and 15 in first division of certified town-
ship of Wilkes-Barre. Excepting and reserving out I
Suit of the Empire Building and Loan Association v.
David E. Morris.
Suii of Wells & Smith, Assignees, v. David E.
Morris.
16 February term, 1883, 292 Januar>' term, 1881, and
5^9 May term, iSSx. Debt, ^159. 18, $400, and $234.60.
Fi. fas. 63, 61, and 62 January term, 1884.
D. S. Rennet, Att'y.
All that lot of land on Meade street, city of Wilkes-
Barre, bounded westerly by land now or late of J. C.
Wells and G. D. Morsan, southerly by an alley, east-
erly by land of James Welsh, and northerly by Meade
street, being 40 feet front on Meade street, and about
190 feet in depth ; improved, with a double two-story
frame dwelling house, with basement of stone, and
double outkitchen attached thereto, together with out-
buildings and iruit trees thereon. 52-2
ESTATES
Orphans'
TO BE AUDITED BY THE
Court of Luzerne county. Notice- is
hereby given that accounts have been filed and con-
firmed absolutely by the court in the following estates :
1. Ruth T. Ross; Geo. S. Bennett and R. J. Flick,
Executors; isih January, 1884.
2. Edward Ide; Solomon P. Ide, Administrator;
i5ih January, 1884.
3. Ziba Major; Kate Major, Administratrix: 16th
January, 1884.
4. S. S. Winchester; George K. Powell, Adminis-
trator; i6th January, 1884.
5. Greorge Auble; John B. Quick, Administrator;
17th January, 1884.
6. William Brace; Myrtle W. Brace and Fisher Gay,
Executors ; i7ih January, 1884.
7. John M. Clark; J. E. Halleck, Executor; i8th
January, i88|.
8. Levi C. Lewis ; Joshua S. Lewis, Administrator ;
i8th lanuary, 1884.
9. Mana Powell ; Griffith Thomas, Administrator ;
i8th January, 1884.
10. Thomas Stocker; F. V. Rockafellow, Adminis-
trator; 2ist January, 1884.
11. Catharine Stocker; F. V. Rockafellow, Admin-
istrator; 2ist Tanuary, 1884.
12. Fdger w. Mandeville; Francis A. King, Trus-
tee; 22d January, 1884.
13. Margiiret Hughes; Jas. W. Delaney, Executor;
22d January, 1884.
14. Patrick Burke; James O'Donnell and Michael
Hoban, Executors; 23d January, 1884.
15. Almina Santee; B. D. Koons, Administrator;
23d January, 1884.
16 John W. Davis; W. W. Amsbry, Executor;
24th January, 1884.
17. Hiram George; William H. George and Amanda
George, Administrators; 24th January, 1884.
The accounts enumerated and designated in the
above list will be audited by the court, in the Court
House, in the Orphans' Court room, during the session
of court on the days set forth opposite the name of each
estate, at which time all persons interested shall attend,
if they see fit, and present their claims against said
estate, or (orever thereafter be debarred from coming
in upon said fund.
JOSEPH HENDLER,
52-2 Clerk O. C.
ESTATE OF WM. B. HARROWER, LATE OF
Ashley, deceased.
Letters of administration upon the above named
of and from this mortgage all the coal underlying said' estate having ween granted to the undersigned, all per-
last described bed tract, which has heretofore been sons indebted to said estate are requested to make
sold. Also excepting and reserving out of land from [payment, and those having claims or demands to pre-
same the following pieces of surface designated on the sent the same, without delay, to
map of Raymond Place as lots Nos. 18, * * "'"
19. 20, 21, 22,]
on Franklin street; Nos. 50, 31, 32, «;8, 63, 79, and 20
feet of west side of 80 from 84, ami 90, on Recent street ;
ALICE T. HARROWER,
ANDREW HUNLOCK, Ashley. Pa.
Attomcv. 52-<;
81
Digitized by KjOOQ IC
ESTAIK OF CARNKR H. SNVDER, I.ATt
of Plymouth, deceased.
Letters of administrution upon the above namet
estate having been granted to the undersigned, all per
sons indebted to said estate are requested to make
payment, and those having claims or demands to pre-
sent the same, without delay, to
Gi:0. W. SHONK.
52-5 Plymouth, Pa.
ESTATE OF CATHARINE WILLIAMS, LATE
of Pittston, deceased.
Letters testamentary upon the above named estate
having been panted to the undersigned, all persons
indebted tosaid estate arc requested to make payment,
and those having claims or demands to present the
same, without delay, to
JOHN J. POWELL, I
GEO. S FERRIS, Pittston, Pa.
Attorney. 52-5
ESTATE OF lANE PRICE, LATE OF THE
borough of Pittston, deceased.
Letters ot administration upon the above named'
estate having bem granted to the undersigned, all per- 1
sons indebted to "said estate are requested to makei
payment, and those having claims or demands to pre-
sent the same, without delay, to
CHAS. H. FOSTER,
E. P. & J. V. DARLING, Pittston, Pa.
Attorneys. s-'-s
W1IX)WS' APPRAISEMENTS.
Notice is hereby given to all persons concerned,
that widows' appraisements in the following estates
have been approved nisi by the Orphans' Court of
Luzerne county, and, unless exceptions are filed, will
be presented for final approval on Monday, the r4th
day of January, 1884 :
Daniel Hartman, Reuben Drcshcr, Peter Habel,
John S. Jenkins, John R. Edwards, Peter Foy, and
Jonas Brader, deceased.
JOSEPH HENDLER.
52-2 Clerk O. C.
ORPHANS' COURT SALE.
Estate of John R. Walters, dec'd. By viri f
of an order of the Orphans' Court of Luzerne count-
the undersigned will sell at public sale, on ihc preg.
ises, on Saturday, the 5lh day of January, i»84, _'
4 o'clock P. M., all that lot of land in the borough -
Plymouth, beginning at a corner on the west side
Gardner street, thence along land of Thomas Jonc^ :.-
feet to a corner on line of land late of estate of S-imu
Wadhams,deceased. thence along sa'd Wadhams' lit
55 feet to a corner, thence along line of land retain' .
by the widow of said decedent 126 feet to a com^
thence along Gardner street 50 feet to the place of l-
ginning, containint^ 6^ot> feet of land, more or Ic^s ; li t
coal is owned by Henderson (Jaylord's csutc ; all ir^
proved, with a two-storied frame dwelling hou>c ar.
outbuildings thereon.
Tkkms of Salh — $100 down, 50 per cent of balan. .
on confirmation of sale and delivery of deed, and tl .
balance, with interest from confirmation, in six nioii.i -
frotfl confirmation of sale ; deferred payments to V
secured by bond and mortgage on the prem'sts
DANIEL B. LEWIS,
GEO. W. SHONK. Administrator
Attorney. K-y:..'
AUDITOR'S NOTICE.
In the Common Pleas of Luzerne county. It
Equity. No. 6, Octob r term, 1876. Wm. N. Moxo
el al., Executors. \. A. D. King. The undersigncti,
an Auditor, appointed by the Court ol Common k'W.
of Luzerne county to distribute 10 and among the p^;
lies entitled thereto the sum of ^1,40^.03. pat^l in:'
court in the above case by CJeo. Bishop, the Kcctivcr
by order of court, dated (,)ctobcr 19. 18S3. hereby ii;i.t-.
notice that he will attend to the duties ot his app.^.:^i
mcnt.at his office, on Franklin street, in Wilkcs-Harr..
on Friday. January j8ih, 1S84, at 10 o'clock A. M.,-;
which time and place all parties interested arc notifi;'
to appear and present their claims, or else be debarr. :
from coming in on said fund.
THOS. H. ATHERTON.
51-2 Auditor.
NOTICE IS HEREBY GIVEN THAT AN
application will be made 10 one of the Judges of
the Court of Common Pleas of Luzerne county, under!
the provisions of the Act of Assembly, entitled "Anj
Act to provide for the incorporation and regulation of I
certain corporations," approved April 29. 1S74. and ihei
supplements thereto, on Monday, January i4ih, 1884,'
at 10 o'clock A.M., for the incorporation of an intended'
corporation, 10 be called **lhe German Evangelicall
Protestant Christ Church," located in Hazleton, Pa.,
the character and object whereot is to worship God!
according to the faith, doctrines, discipline, and usages
of the German Evangelical Lutheran Church and the
German Reformed Church, and for these purposes to
have, possess, and enjoy all the rights, benefits, and
privileges of said Act ot Assembly and its supplements.
C. W. KLINE,
52-2 Solicitor.
CHAS. D. FOSTER,
Attorney at Law,
Wilkks-Bafke. Pa
WILLIAM S. McLEAN,
Attornev AT Law,
Wilkws-Bakkk, Pa.
W. S. PARSONS,
Alderman,
W^iLKEs Barrr, Pa.
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